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UNITED STATES OF AMERICA. 



CIVIL GOVERNMENT 



OF THE 



STATE OF INDIANA 



AND THE 



United States. 



a. te^t-boob: for schools. 



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BY 



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INDIANAPOLIS, INDIANA: 

TEE NORMAL PUBLISHING HOUSE, J. E. SHERRILL, PROPRIETOR. 

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Entered according to Act of Congress in the year 1887. 

By J. E. Sherrill. 

In the Office of the Librarian of Congress, at Washington, 1). C. 



PREFACE. 



It has been the aim of the author of this little book 
to present, in as brief and comprehensive a manner as 
possible, a statement of the principles of the govern- 
ment under which we live, and its workings in city, 
township, county, state and nation. 

In preparing a work of this character, much which 
would be of interest must necessarily be omitted. It 
is hoped, however, that enough is given to enable the 
average school-boy or school-girl to have a clear idea 
of how our government is carried on in its various 
departments. 

The treatment of the National Government has pur- 
posely been made brief, it being the opinion of the 
author that a knowledge of local affairs is more valua- 
ble than a discussion of the whys and wherefores of 
the Federal Constitution. This Constitution, however, 
has been followed closely, and the more important and 
less easily understood clauses commented upon. 

A number of outlines are given to assist in fixing in 

mind the various divisions and the officers of each. 

Mt. Vernon, Ind., April 23, 1887. 

(3) 



TABLE OF CONTENTS. 

PART I. 

INTRODUCTORY. 



CHAPTER I. 

PAGE. 

Origin and Nature of Our Government 7 



PART II. 

CIVIL GOVERNMENT OF INDIANA. 

CHAPTER H. 
Bill of Rights 13 

CHAPTER HI. 

Elections , 17 

CHAPTER IV. 

Civil Government of the State. Legislative Department 22 

CHAPTER V. 
Civil Government of the State, Executive Department 34 

CHAPTER VI. 
Civil Government of the State. Judicial Department 49 

CHAPTER Vn. 
Civil Government of the County, Legislative and Executive 

Departments 55 

(5) 



6 Table of Contents. 

CHAPTER VIII. 
Civil Government of the County, Judicial Department 67 

CHAPTEK IX. 
Civil Government of the Township 76 

CHAPTER X. 

Civil Government of Cities and Towns 83 



PART III. 

CIVIL GOVERNMENT of the UNITED STATES. 

CHAPTER XI. 

Legislative Department 92 

CHAPTER XII. 

Executive Department 103 

CHAPTER XIII. 
Judicial Department 116 

CHAPTER XIV. 
Miscellaneous Provisions of the Constitution ......„..,120 



CIVIL GOVERNMENT. 



PART I. 



XNTBODUCTOKY. 

m 



CHAPTER I. 

ORIGIN AND NATURE OF OUR GOVERNMENT. 

1. At the close of the Revolutionary War the 
United States of America consisted of thirteen States 
to4fede?lt°ion. united by the Articles of Confederation. 
Under these Articles each State was sovereign and 
independent, and the Confederation was declared to 
be "a league of friendship between the States." The 
National power was vested in Congress, which had but 
little authority over the States. It could declare war, 
but could not compel a single soldier to fight ; it 
could borrow money on the credit of the United 
States, but could not provide for the payment of a 
dollar ; it could not punish those who violated its 
laws ; it could not collect taxes ; it had no control 
over the States, and in fact was worse than useless. 

(7) 



8 Civil Government of the State of 

2. During the Revolution the States had been 
united by their common danger ; they needed no Na- 
tional government to hold them together ; but when 

Trouble this danger was removed, it became evident 
states, that the Articles of Confederation were too 
weak to serve the purpose for which they were in- 
tended. The States became jealous of one another, 
and were continually enacting laws which w r ould be 
beneficial to themselves and injurious to their neigh- 
bors. The National Government, so weak at home, 
commanded no respect from foreign natfSns, w T ho 
took advantage of the rivalry of the States. It was 
seen by many of the statesmen of the country that 
unless some stronger form of government could be 
adopted, the Confederation w r ould crumble into ruins, 
and form thirteen petty States instead of one great 
Nation. 

3. In accordance with this feeling, it was resolved 
to make an attempt to revise the Articles of Confed- 

Desirefor eration and make them stronger. Virginia 

stronsrer 

government, took the lead, and appointed delegates to 
meet the delegates to be appointed from the other 
States, for the purpose of remedying the defects in 
the Articles. After several ineffectual attempts, the 
Convention finally organized at Philadelphia, on May 
25, 1787, by electing George Washington, of Virginia, 
President. 

4. Although the object of the convention was to 
revise the Articles of Confederation, the delegates soon 



Indiana and the United States. 



Formation decided that it would be necessary to form 
astitution. an entirely different plan of union. For 
four months they continued their labors, and the result 
was the present Constitution of the United States. 

5. According to the terms of the Constitution the 
ratification of nine States was declared sufficient for its 
adoption by the States ratifying it. Within one year 

Adoption after its submission to the people it was 
astitution. adopted by eleven States. Early in' the 
year 1789 electors were appointed for the election of a 
President of the United States. The electors unani- 
mously chose George Washington the first President 
of the new union, and on April 30. 1789, he took the 
oath of office. 

6. The Constitution of the United States is the 
Mature supreme law of our country. No law passed 

Constitution, by the National or State legislative bodies 
can be enforced if contrary to its provisions. But the 
Federal Government has only such powers as are dele- 
gated to it by the Constitution, and these powers 
mainly concern the United States as a whole and in 
relation to other nations. To the States themselves is 
given the power to regulate their local affairs. All 
powers of government which are not distinctly given 
to the Federal Government by the Constitution, thus 
belong to the States. 

7. In addition to the Federal Constitution, each of 
the States is governed by a State Constitution. The 

Stitotions! Strite Constitution is in the nature of an 



10 Civil Government of the State of 

agreement between the whole body of people and each 
individual ; it is framed by a convention composed of 
delegates from all parts of the State, and must be 
adopted by a majority of the citizens before becoming 
the law. It is the fundamental law of the State. It 
lays down the principles upon which the government 
is to be conducted, and gives general directions to the 
Legislature regarding the laws to be made by that 
bodv. No law passed by the Legislature can be en- 
forced if contrary to the State Constitution. It is 
thus a protection to the people against unwise or vicious 
legislation. 

8. By both the Federal and State Constitutions the 
powers of government are divided among three de- 
Three Depart- partinents : the Legislative, which makes 
Government, the laws ; the Executive, which carries them 
into effect, and the Judicial, which interprets them 
and punishes those who disobey them. It has been 
found by experience that a wide separation of these 
departments is desirable, and that the powers and du- 
ties of each officer should be confined to the depart- 
ment of which he is a member. In certain cases, 
however, it has been thought best to give to one officer 
powers which belong to different departments. The 
power of the Governor or President to veto the acts 
of the legislative bodies is an example of this. In 
the county or township, where the legislative powers 
are limited, the Executive and Legislative departments 
are often combined. 



Indiana and the United States. 11 



Note. — A short sketch of the early history of the State will not 
be out of place here : 

The territory now included in the State of Indiana was origi- 
nally a part of the vast possessions claimed by France in conse- 
quence of the explorations of LaSalle, Joliet and others. The 
first settlement within the present limits of the State is said to have 
been made at Vincennes, in 1702, by a party of French Canadians. 
The territory remained in possession of France until the year 
1763, when by the treaty made at the close of the French and In- 
dian war, the whole of the territory east of the Mississippi and 
north of the Iberville rivers was ceded to Great Britain. It was 
held by the English until the close of the Revolutionary war, when 
Great Britain ceded to the United States all the territory south of 
the Great Lakes. 

By what is known as the Ordinance of 1787, the country now 
included in the States of Ohio, Indiana, Illinois, Michigan and 
Wisconsin, was organized into the North-West Territory. In the 
year 1800 the North- West Territory was divided. Ohio was setoff 
as a separate territory, and the western part was organized under 
the government of Indiana. The population continuing to in- 
crease, Michigan was organized as a Territory in 1805, and Illinois 
in 1809. leaving the Territory of Indiana with the present bounda- 
ries of the State. The capital was fixed at Cory don. 

In 1811 the Shawnee Indians commenced a series of depreda- 
tions against the whites. On November 6th of that year a force 
of regulars and militia under the command of Governor William 
Henry Harrison, after a short but bloody conflict, defeated the 
Indians at Tippecanoe, near the present city of LaFayette. 

In April, 1816, the population of the Territory having become 
sufficiently large, an act was passed by Congress authorizing the 
people of Indiana to form a constitution preparatory to admis- 
sion to the Union. A convention was called and a Constitution 
framed, which, on June 29th, was adopted by the people. On 
December 16, 1816, Indiana was formally admitted to the Union. 
In 1824, the capital of the State was removed to Indianapolis, 
where it has since remained. In 1849 the people voted for a new 
Constitution. A convention met at Indianapolis the next year and 
framed the Constitution, which, with a few amendments, is still 
the fundamental law of the State. 

QUESTIONS. 

1. What was the form of government of the United 
States at the close of the Revolution? 



12 Civil Government of the State of 

2. What were the chief defects of the Articles of 
Confederation ? 

3. What was the effect on the States of the weak- 
ness of the Articles of Confederation? 

4. What was done to remedy the state of affairs? 

5. Tell of the organization of the Constitutional 
Convention. 

6. When and how was the Constitution adopted? 

7. When did the Constitution go into effect? 

8. What is the nature of the Federal Constitution ? 

9. What is said of the relations of the Federa 
Government to the States ? 

10. What other Constitution have we besides thi 
Federal Constitution ? 

11. Tell what you can of State Constitutions. 

12. Among what three departments are the powers 
of government divided? 

13. What is the office of each of these depart- 
ments? 

14. What is desirable in these departments? 

15. In what cases is this principle violated? 



PART II. 



CIVIL GOVERNMENT OF INDIANA. 



CHAPTER II. 

BILL OF RIGHTS. 

9. The Bill of Rights is a declaration of the rights 
reserved to the people of the States as individuals. It 

rights! 1 begins by declaring that all men are created 
equal ; that they are endowed by their Creator with 
certain inalienable rights, among which are life, lib- 
erty and the pursuit of happiness ; that all power is 
inherent in the people, and that they have a natural 
right to make their own laws and alter them at any 
time. 

10. The General Assembly is forbidden to make 
any law which shall interfere with a person's right to 

Religion, worship God as he chooses. No preference 
is to be given to any mode of worship, nor is any per- 
son compelled to support any religious denomination. 
No religious test is necessary to hold office. In short, 
it is the intention of the Constitution to keep the 

Church and State entirely distinct and separate. 

(13) 



14 Civil Government of the State of 

11. The General Assembly is prohibited from pass- 
ing any law which will restrict a person's right to 
Free speech, speak or write freely on any subject what- 
ever. If, however, he abuses this privilege, he can be 
held responsible for his acts. 

12. All courts must be open. If a man considers 
that his person, property or reputation has been in- 

Triais. jured, he has a right to resort to law for 
remedy. If a person is accused of any crime, he has 
the right to a public trial by an impartial jury, in the 
county where his offense was committed. He has a 
right to be heard in defense, and can compel witnesses 
who may testify in his favor to attend and give their 
testimony. No person, after having been convicted o* 
acquitted, can be tried again for the same offense, iiot 
can any one be compelled to testify against himself. 

13. Excessive bail and fines are prohibited. All 
offenses except murder and treason are bailable. If 
Bai ish a men P t un " there is strong proof of either of these 
offenses, the person charged can be sent to jail with- 
out bail. No person, when arrested or confined in 
jail, shall be treated with unnecessary rigor, nor shall 
cruel or unusual punishments be inflicted. 

14. Treason against the State consists only in levy- 
ing war against it, or giving aid or comfort to its ene- 

Treason. mies. Conviction of treason can only be 
made by the testimony of two witnesses, or by con- 
fession in open court. 



Indiana and the United States. 15 

15. Except in case of fraud, there shall be no 
imprisonment for debt. The debtor shall have a rea- 
Im i p or is de n bt! ent sonable amount of property exempt from 
seizure for debt. The amount fixed by the General 
Assembly is six hundred dollars. 

16. The writ of habeas corpus can not be suspended 
except in case of rebellion or invasion. No ex post 

Habeas cor- facto law, or law impairing the obligation 
fa^ohwTetc. of contracts, shall be passed. The writ of 
habeas corpus is a writ compelling a sheriff who has a 
prisoner in charge to bring him before the judge 
issuing the writ, to see whether the arrest of the pris- 
oner is lawful. An ex post facto law is a law making 
an act punishable which was committed before the 
law was passed. The operation of a law can be sus- 
pended only by the General Assembly. 

17. No law can prohibit the inhabitants of a State 
from assembling together to consult on matters of 
Assembling common good ; nor can the people be pro- 
petitioning, hibited from instructing their representatives 
or petitioning the General Assembly for a redress of 
grievances. 

18. The military power is subordinate to the civil. 
No soldier shall, in time of peace, be quartered in any 

Military, house without consent of the owner, and 
during war only in a manner according to law. The 
people shall be allowed to bear arms to protect them- 
selves and the State. 



16 Civil Government of the State of 

19. No man's property or services can be taken by 
law without just compensation. The people have a 

P s r ear e chf* right to be secure in their houses and effects 
against unreasonable search. AH search-warrants must 
be supported by oath and must describe the place to 
be searched. 

20. Emigration from the State can not be prohib- 
ited. No titles of nobility can be granted by the 

Emi ftc. tion, General Assembly. There can be no slavery 
except on conviction of crime by imprisonment in the 
penitentiary. 

QUESTIONS. 

1. Repeat the preamble of the State Constitution. 
(See page — .) 

2. What is the Bill of Eights? 

3. What are some of the natural rights of man? 

4. What is said about religion? 

5. What prohibition is made concerning free 
speech ? 

6. What can a person charged with an offense de- 
mand ? 

7. How many times may a person be tried for the 
same offense? 

8. What provisions are made concerning bail and 
punishment? 

9. Define treason. 

10. How may a person be convicted of treason ? 

11 . Define writ of habeas corpus ; ex post facto law. 

12. What is said of imprisonment for debt? 



Indiana and the United States. 17 

13. What rights of petition and assembling have 
the people of the State ? 

14. What is said of the military power? 

15 . What is necessary before a house can be searched ? 

16. What prohibitions are made with regard to em- 
igration, nobility and slavery? 



CHAPTER III. 

ELECTIONS. 

21. The general elections for State and county 
officers are held on the first Tuesday after the first 

Time. Monday in November. Elections for town- 
ship officers are held on the first Monday in April. 
These elections are biennial, and are held in the even- 
numbered years. 

22. Any native-born male person who is twenty- 
one years old, who has lived in the State during the 
Qualifications six months, in the township during the 

for i 

voters. sixty days, and in the voting precinct dur- 
ing the thirty days preceding the election, is a legal 
voter. If a foreign-born male person is twenty-one 
years old, has fulfilled the conditions of residence, and 
has lived in the United States for one year, he may 
become a voter by filing his application to become a 
citizen of the United States. 

23. Any person who secures an office by giving or 
offering bribes, threats or rewards, is disqualified from 

[2] 



18 Civil Government of the State of 



Dls tion! fioa ~ holding the office during the term for which 
he was elected. Any person who gives or accepts a 
challenge to fight a duel, or carries a challenge, is dis- 
qualified from holding office. Defaulters, or those 
who have had charge of public monej^ and failed to 
account for it, can not hold office until the money is 
accounted for. 

24. Twenty days before each election the Clerk of 
the Circuit Court must certify to the Sheriff what offi- 
Prociamation. cers are to be elected. The Sheriff gives 
fifteen days' notice of the election by posting the cer- 
tificate at each polling-place, by publishing it in a 
newspaper of the county, and by giving a copy to each 
Township Trustee. 

25. Each countv is divided into a number of voting" 
precincts by the Board of County Commissioners. 

Precincts. There must be at least one precinct in each 
township, and no precinct shall contain more than 
three hundred and fifty voters. The County Commis- 
sioners also designate the places of holding the elec- 
tions. 

26. The Township Trustee is inspector of elections. 
If there is more than one precinct, the Board of Com- 

Officers missioners appoint the inspectors for the 
Elections, remaining precincts. The inspector of each 
precinct appoints two judges of election, who must be 
of opposite political parties, and who have been .♦free- 
holders and f householders of the precinct for at least 

* A freeholder is a person who owns real estate, 
t A householder is the head of a family. 



Indiana and the United States. 19 

one year. The inspector and judges appoint two 
clerks, who must be legal voters and of different polit- 
ical parties. All the officers of election must take an 
oath to faithfully discharge their duties. 

27. The polls must be opened between the hours 
of eight and ten in the forenoon, and remain open until 

Polls. four o'clock in the afternoon. After that 
time, if a ballot is not presented for fifteen minutes, 
the board of election may close the polls and proceed 
to count the votes. The polls must be closed at six 
o'clock. 

28. The ballots must be written or printed on plain 
white paper three inches wide. Nothing must be 

Manner placed on the ballots except the names of 
Voting. the candidates and the offices for which they 
are voted. The ballot-boxes are so made that but one 
ballot at a time can be deposited. When a voter 
tenders his ballot, his name is pronounced in an aud- 
ible voice by the inspector, and, if there is no objection, 
his ballot is put into the box and the name repeated by 
one of the judges. The clerks enter and number in a 
book provided for the purpose, the name of each per- 
son as he votes. The vote of any person suspected of 
being an illegal voter may be challenged by any legal 
voter present. If he persists in casting his vote, he 
maybe required to take a written oath that he is a 
legal voter. The oath of another person who has been 
a freeholder and a resident householder in the pre- 
cinct for one year, is also required. If these oaths 



20 Civil Government of the State oj 

are taken the challenged person can not be prevented 
from voting. 

29. When the polls are closed, the ballot-box is 
opened ; the ballots are taken out, one by one, by the 
Cou votes. the inspector, who reads them aloud and hands 
them to the judges to be strung on a thread of twine. 
The clerks keep account of the number of votes for 
each person as the names are read. No one is admit- 
ted to the room except two voters of each political 
party appointed by the county or township centra] 
committee. When the counting of the votes is fin- 
ished, the board of judges make out a 'certificate of 
the number of votes cast for each candidate. The 
certificate, with one of the lists of voters and one tally- 
sheet, is deposited with the inspector or one of the 
judges. The ballots, with the other list of voters and 
tally-sheet, are sent to the Clerk of the Circuit Court. 

30. The inspector of the several precincts, or the 
judges who have the records form the county board of 

ca^va r s ^e°rs. canvassers . They meet on the Thursday after 
the election and make a statement of the total votes cast 
in the county for each person. The Clerk of the Cir- 
cuit Court makes out the certificates of election ; for 
county offices he delivers the certificate to the person 
elected ; for State offices and Congressmen he sends a 
certified statement of the vote received by each can- 
didate to the Secretary of State, and for Governor 
and Lieutenant-Governer he sends two certified state- 
ments to the Speaker of the House of Representatives , 



Indiana and the United States. 21 



one by the Senator or Representative from that dis- 
trict and the other by mail. 

QUESTIONS. 

1. When and how often are general elections held ? 

2. What are the qualifications for a legal voter in 
Indiana? 

3. Who are disqualified from holding office? 

4. What are the duties of Clerks and Sheriffs 
regarding elections? 

5. What are precincts? 

6. How many voters can there be in each precinct? 

7. Name the officers of election with their duties. 

8. When do the polls open and close? 

9. What constitutes a legal ballot? 

10. What is meant by " challenging a man's 
vote?" 

11. How may a person who has been challenged 
vote? 

12. Describe how the votes are counted. 

13. Who constitute the board of canvassers? 

14. What are the duties of this board? 

15. What are the duties of the Circuit Clerk re- 
garding the certificates of election? 

16. Why is this chapter especially important? 



22 



Civil Government of the State of 



CHAPTER IV. 



CIVIL GOVERNMENT OF THE STATE. 



outline:. 

House of Representatives. 
" Governor. 
Lieutenant-Governor. 
Secretary of State. 
Auditor of State. 
Executive -! Treasurer of State. 

Superintendent of Public Instruction. 

Board of Education. 

Board of Equalization. 

Officers appointed by the Governor. 

Supreme Court. 

Clerk of Supreme Court. 

Sheriff of Supreme Court. 

Keporter of Supreme Court. 

Attorney-General. 

Circuit Court.* 



Judicial 



LEGISLATIVE DEPARTMENT. 

31. The legislative power of the State is vested in 
the General Assembly or Legislature. This body has 
How vested, the exclusive power of making the laws by 
which the people of the State are governed. It is 
divided into two houses : — the Senate and the House 
of Representatives. Members of both houses are 
elected by the voters of the State. 

32. Everv six vears an enumeration of the male 
inhabitants of the State over twenty-one years of age 

* Although the judges of the Circuit Court are paid from the State 
treasury, and elected by circuits, they are practically county offi- 
cers, and are placed under the civil government of the county. 



Indiana and the United States. 23 



A me nt! on ~ is taken. At the next session of the Gen- 
eral Assembly, the State is divided into *districts for 
the election of senators and Representatives according 
to the enumeration. There can be no more than' fifty 
Senators and one hundred Representatives, which is 
the number of each at present. No county can be 
divided for Senatorial apportionment, and when a 
district is composed of several counties they must be 
contiguous. 



* The apportionment by the General Assembly of 1885 is as fol- 
lows: 

Senators. — Posey and Gibson ; Vanderburgh; Warrick and Spen- 
cer; Knox and Pike; Dubois and Perry; Daviess and Martin; 
Sullivan and Greene; Orange, Crawford and Harrison; Floyd and 
Washington; Clark and Jefferson; Clark, Scott and Jennings : 
Fackson and Lawrence; Dearborn, Ohio and Switzerland; Ripley, 
franklin and Union; Shelby and Decatur; Bartholomew, Brown 
ind Monroe ; Morgan, Johnson and Brown ; Clay and Owen ; Vigo ; 
Parke and Vermillion; Putnam and Hendricks; Clinton, Boone 
ind Montgomery, 2; Marion, 2; Marion, Hancock and Shelby; 
Hancock and Rush; Henry and Fayette; Wayne; Delaware and 
Randolph; Adams, Jay and Blackford; Grant and Madison; Tip- 
pecanoe; Warren and Fountain; Newton, Jasper and Benton; 
White, Pulaski and Carroll; Cass; Miami and Howard; Wells 
and Huntington; Allen and Whitley; Kosciusko and Wabash; 
Marshall and Fulton; Lake and Porter; LaPorte; St. Joseph and 
Starke; Elkhart; Tipton and Hamilton; Xoble and DeKalb; La- 
Grange and Steuben. 

Bepresentatives. — Posey; Vanderburgh, 2; Warrick; Spencer; 
Perry; Pike; Gibson; Knox; Knox, Gibson and Vanderburgh, 2; 
Daviess; Sullivan; Greene; Dubois and Martin; Lawrence, Du- 
bois and Orange ; Orange and Crawford ; Harrison ; Washington ; 
Jackson; Floyd; Clark; Jefferson; Floyd, Clark and Jefferson; 
Scott and Jennings; Dearborn, Ohio and Switzerland; Dearborn; 
Ripley; Franklin; Ripley, Franklin and L T nion; Decatur; Bar- 
tholomew; Monroe and Brown; Owen: Clay; Vigo, 2; Sullivan, 
Vigo and Vermillion; Parke; Putnam; Hendricks; Morgan; 
Johnson; Shelby; Hancock; Marion, 5; Marion, Hancock and 
Shelby; Rush; Henry; Henry and Fa) T ette; Wayne, 2; Randolph; 
Delaware; Adams and Jay; Adams, Jay and Blackford ; Grant; 



24 Civil Government of the State of 

33. The sessions of the General Assembly are held 
every two years, at the State House at Indianapolis, 

Sessions, beginning on the Thursday next after the first 
Monday in January of the odd-numbered years. The 
length of the session is limited to sixty-one days, but 
the Governor can at any time call an extra session for 
not more than forty days. 

34. In order to be a Senator or Representative a 
person must be, at the time of his election, a citizen 
Qualifications, of the United States ; for two years pre- 
ceding his election, he must have been an inhabitant 
of the State ; and for one year preceding his election, 
he must have been an inhabitant of the county or dis- 
trict from which he is chosen. Senators must be 
twenty-five years of age, and Representatives twenty- 
one years of age. 

35. The term of Senators is four years ; of Rep- 
resentatives two years. The Senators are divided into 

Term. two classes, so that the terms of only one- 
half expire at the same time. 

36. The pay of members of both houses is six dollars 
per day with mileage at the rate of five dollars for 

Madison; Hamilton; Tipton; Howard; Boone; Clinton; Mont- 
gomery; Montgomery, Putnam and Clay ; Fountain; Tippecanoe; 
Tippecanoe and Clinton; Warren and Benton; Jasper and New- 
ton; White and Pulaski; Carroll; Cass; Miami; Cass and Miami; 
Wabash; Huntington; Wells; Allen. 2; Allen and Huntington; 
Whitley; Fulton; Lake; Porter; LaPorte; LaPorte, Starke and 
Pulaski; Marshall; St. Joseph, 2; Elkhart; Kosciusko; Noble; 
DeKalb; Elkhart, Noble and DeKalb; LaGrange; Steuben. 

Where there is a single Senator or Representative to each county 
or district no number is given. 



Indiana and the United States. 25 

°° tion n3a " every twenty-five miles traveled to and from 
their places of residence to the capital. The General 
Assembly has the power to fix the salaries of all the 
officers of the State, but their salaries can not be in- 
creased during the term for which they w r ere elected. 

37. All laws passed by the General Assembly are 
in the form of bills. These bills are introduced by the 
Bills. clause, "Be it enacted by the General 
Assembly of the State of Indiana," and may originate 
'in either house, except bills for raising revenue, which 
must originate in the House of Eepresentatives. The 
bill, when first introduced, does not go directly to the 
house, but is first put in the hands of a committee* 
who examine its merits and defects. If the committee 
recommend that the bill pass it goes to the house, 
is read three times on different days, and a vote is 
taken. If a majority of the house are in favor of the 
bill it goes to the other house. If a majority of both 
houses favor the bill it is then sent to the Governor, 
who signs it or vetoes it. If he signs it, it becomes a 
law ; if he vetoes it, he sends it back to the house 
where it originated, to be reconsidered. If a majority 

* Standing committees, whose duties are suggested by their 
names, are appointed in each house to serve during the entire 
session. A majority of the members of these committees gener- 
ally belong to the same political party as the majority in the 
house. A bill not recommended by the committee seldom comes 
before the house, but the minority of the committee may make a 
report differing from that of the " majority, and this minority re- 
port may be adopted by the house. The position of Speaker is 
an important one from the fact that he has the appointment of 
the standing committees and may thus shape the legislation of 
the house. 



26 Civil Government of the State of 

of all the members elected to this house are in favor 
of it, it is again sent to the other house ; and if a ma- 
jority in each house favor it, it becomes a law in spite 
of the Governor's veto. If the Governor does not 
return a bill for three days, Sundays excepted, after 
it was sent to him, it becoms a law without his signa- 
ture. If the General Assembly adjourns before the 
Governor has time to return the bill, he is given five 
days in which to file it in the office of the Secretary of 
State, who returns it to the General Assembly at the 
opening of the next session. At the close of each 
session, the bills passed during the session are printed 
in book form and distributed to the counties of the 
State. The bills ordinarily do not become laws until 
the printed copies have been sent to all the counties, 
and the Governor has issued a proclamation to that 
effect, but if a clause declaring an emergency is added 
to the bill it becomes a law immediately after passage. 

38. With the exception of the President of the 
Senate, who is the Lieutenant-Governor elected by 

Officers. the people, each house has the power to 
elect its own officers. The Senate can, however, elect 
a president pro tempore to take the place of the Lieut- 
enant-Governor if he is called to the Governor' § chair. 
The Lieutenant-Governor can vote only in case of a 
tie. The presiding officer of the House of Represen- 
tatives is called the Speaker. He has the appointment 
of the standing committees, and receives a salary of 
eight dollars per day. The other officers of the House 



Indiana and the United States, 27 

oi Kepresentatives are clerk, assistant clerk and door- 
keeper ; of the Senate, secretary, assistant secretary 
and doorkeeper. Each of these receives six dollars 
per day. Besides these, there are assistant clerks, 
assistant doorkeepers, committee clerks, pages and 
laborers. 

39. The General Assembly divides the State into 
congressional districts for the election of members of 
Con fflcte nal tbe National House of Representatives. A 
new division is made every ten years. Indiana is at 
oreserit entitled to thirteen ^Representatives in the 
utional house. 

* The following is the bill passed by the General Assembly of 
1835, dividing the State into Congressional Districts. It shows 
both the form in which the bills are introduced and the division 
of the State. 

AX ACT to divide the State into Congressional Districts. 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana. That the State of Indiana shall be divided into thirteen 
districts for the election of Representatives in the Congress of the 
United States, each of which shall be entitled to one Representa- 
tive. 

Sec. 2. The limits of each district shall be as follows: 

Sec. 3. The counties of Posey. Gibson, Vanderburgh, Warrick, 
Pike, Spencer, and Perry, shall constitute the First District. 

Sec. 4. The counties of Knox, Greene, Daviess, Martin, Du- 
bois, Lawrence, Orange, and Crawford, shaU constitute the Second 
District. 

Sec. 5. The counties of Harrison, Washington, Jackson, Jen- 
nings, Scott, Clark, and Floyd, shall constitute the Third District. 

Sec. 6. The counties of Jefferson, Ripley, Decatur, Union, 
Franklin, Dearborn, Ohio, and Switzerland, shall constitute the 
Fourth District. 

Sec. 7. The counties of Owen, Putnam. Hendricks, Morgan, 
Monroe. Brown, Johnson, and Bartholomew, shall constitute the 
Fifth District. 

Sec. 8. The counties of Henry, Delaware. Randolph, Wayne, 
Fayette, and Rush, shall constitute the Sixth District. 



28 Civil Government of the State of 

40. The legislatures of the several States elect the 
United States Senators. This is in accordance with a 
u.^sfs^nator. provision of the Constitution of the United 
States, and the manner of proceeding is as follows : 

On the second Tuesday after the organization of the 
Legislature each house takes a viva voce vote for Sen- 
ator. On the day following the two houses meet in 
joint session ; if the same person has received a major- 
ity of the votes in both houses, he is declared elected ; 
if no one has received such majorities, the joint assem- 
bly proceeds to vote ; the person receiving a majority 
of the votes of the joint assembly, provided a majority 
of both houses are present, is declared elected. If no 
Senator is chosen on the first day, the joint assembly 
meets everyday, and takes at least one ballot until the 
Senator is elected or the Legislature adjourns. 

Sec. 9. The counties of Marion, Madison, Hancock, and Shelby, 
shall constitute the Seventh District. 

Sec. 10. The counties of Sullivan, Vigo, Clay, Parke, Vermil- 
lion, Fountain, and Montgomery, shall constitute the Eighth Dis- 
trict. 

Sec. 11. The counties of Boone, Tippecanoe, Clinton, Tipton, 
Hamilton, Howard, Benton, and Warren, shall constitute the Ninth 
District. 

Sec. 12. The counties of Carroll, Cass, White, Fulton, Pu- 
laski, Newton, Jasper, Lake, and Porter, shall constitute the Tenth 
District. 

Sec. 13. The counties of Grant, Miami, Wabash, Huntington, 
Wells, Adams, Jay, and Blackford, shall constitute the Eleventh 
District. 

Sec. 14. The counties of Allen, Whitley, Nobl eDeKalb, La- 
Grange, and Steuben, shall constitute the Twelfth District. 

Sec. 15. The counties of Starke, LaPorte, St. Joseph, Mar- 
shall, Elkhart, and Kosciusko, shall constitute the Thirteenth Dis- 
trict. 

Sec. 16. All laws, and parts of laws, in conflict with the pro- 
visions of this act, shall be, and the same are hereby repealed. 



Indiana and the United States. 29 

41. The members of the General Assembly are priv- 
ileged from arrest while attending the sessions, or 

P members? f while going to and from them, except for 
treason, felony, or breach of the peace. This is a 
privilege given to members of the United States Con- 
gress and to the members of all the State Legislatures. 
The arrest of a member would deprive his constituents 
of their representation in the house to which he be- 
longs ; the cause must therefore be some serious vio- 
lation of law. No member can be held responsible in 
court or any other place for anything he may say in 
debate or speech. This provision is for the purpose 
of securing absolute free speech to the members of the 
General Assembly. Either house may punish its 
members for disorderly conduct, or by a two-thirds 
vote expel a member. 

42. A quorum to do business of either house con- 
sists of two-thirds of the members ; a smaller number 

Quorum, can adjourn from day to day and compel 
the absent members to attend. 

43. Each house has the power of deciding all ques- 
tions concerning the election, qualifications and returns 
Elections, etc. of its members. In case the election of a 
member is contested, that house alone to which the 
member belongs decides who is entitled to the seat. 

44. Neither house has a right to adjourn without 
the consent of the other house for more than three 
Adjournment, days, or to any other place than that in 
which it may be sitting. 



30 Civil Government of the State of 

45. Each house is required to keep and publish a 
journal of its proceedings. This journal is printed 

Journal, and distributed to the Clerks of the various 
counties. The acts of the General Assembly and the 
votes of the members on the various questions are 
thus made public. 

46. Whenever a general law can be made applica- 
ble, the General Assembly is prohibited by the State 

Local laws. Constitution from making laws which will 
be operative in one locality and not in another. The 
following are some of the subjects upon which local 
laws are specially forbidden : For the punishment of 
crimes and misdemeanors ; regulating the practice in 
courts of justice ; granting divorces ; changing the 
names of persons ; regulating township and county 
business ; regulating the election of township and 
county officers, and providing for their compensation ; 
for the assessment and collection of taxes for State, 
county, township or road purposes ; providing for 
supporting common schools, and for the preservation 
of the school fund ; in relation to interest on money ; 
summoning and impaneling grand and petit juries and 
providing for their compensation. 

47. The General Assembly has power to impeach 
all State officers. This can be done by the House of 
impeachment. Representatives, the Senate trying the case, 
or by joint resolution. Two-thirds majority is neces- 
sary both to impeach and convict. The causes for 
impeachment are crime, incapacity or negligence, and 



Indiana and the United States. 31 

the penalty is removal from office. If the officer is 
guilty of a crime he may also be punished for it in 
addition to his impeachment. County, township and 
town officers may also be impeached in such manner 
as the General Assembly may direct. 

48. The members of the General Assembly are in- 
eligible, during the term for which they are elected, to 
ineligibility, any office the election of which is vested in 
the General Assembly, nor can they be appointed to 
any office which has been created, or the salary of 
which has been increased during their term of office in 
the General Assembly. No person holding a lucrative 
office under the United States is eligible to a seat in 
the General Assembly. This includes all officers ex- 
cept those in the militia, which have no salary, and 
deputy postmasters whose salaries are less than ninetv 
dollars per year. 

49. Amendments to the Constitution may be pro- 
posed in either house of the General Assembly. If 
Amendments the proposed amendment is agreed to bv a 

to the * . . J 

Constitution, majority of the members elected to each of 
the two houses, it, together with the yeas and nays on 
its adoption, is entered on the journals and is referred 
to the next session of the General Assembly. If a 
majority of the members of each of the two houses at 
the second session favor its adoption, it is submitted 
to the voters of the State. If a majority of the voters 
of the State are in its favor it becomes a part of the 
Constitution. 



32 Civil Government of the State of 

QUESTIONS. 

1. From the outline, learn the officers of each of 
the three departments of government. 

2. In what is the State legislative power vested? 

3. How are the Senators and Representatives 
elected ? 

4. How many Senators and Representatives are 
there ? 

5. How are the members of the General Assembly 
apportioned? 

6. What counties comprise the senatorial district 
in which you live ? 

7. Who is Senator from this district? 

8. How many Representatives has this county? 

9. Name the Representatives from this county or 
district. 

10. When, where and for how long are the sessions 
of the General Assembly held? 

11. What qualifications are necessary to be a Sen- 
ator or Representative? 

12. How do the terms of Senators and Represent- 
atives differ? 

13. What pay do members of the Legislature get? 

14. What is a bill? 

15. In what three ways may a bill become a law? 

16. When do bills become laws? 

17. What is meant by "declaring an emergency? 5 ' 

18. Name the officers of each house. 



Indiana and the United States. 33 

19. Which of these officers is elected by the people ? 

20. Who is Speaker of the House of Representa- 
tives at present? 

21. What power has the General Assembly con- 
cerning congressional districts ? 

22. In what district do vou live? 

mi 

23. Of what counties is your district composed? 

24. Who is Representative to Congress from your 
district ? 

25. Explain how United States Senators are elected. 

26. What privileges have members of the General 
Assembly ? 

27. What is a quorum? 

28. What can a few members do, if the others do 
not attend? 

29. What power has each house over contested 
seats ? 

30. What provision is made regarding adjourn- 
ment? 

31. Why is each house required to keep and pub- 
lish a journal? 

32 . What are < < local laws ?' ' 

33. Upon what subjects are local laws specially 
forbidden? 

34. What is impeachment? 

35. Who may be impeached by the General As- 
sembly? 

36. What are the causes and what the penalty of 
impeachment? 

[3] 



34 Civil Government of the State of 



37. State what is said of ineligibility. 

38. How may amendments to the State Constitu- 
tion be made ? 



CHAPTER V. 

EXECUTIVE DEPARTMENT. 

Governor. 

50. The Governor is the Chief Executive of the 
State. It is his especial duty to see that the laws are 

Election, faithfully executed. He is elected by the 
legal voters of the State on the day that the electors 
for President of the United States are chosen. In the 
election of Governor, if there are more than two can- 
didates, the one having the highest number of votes is 
elected, but if two candidates have the same number 
the General Assembly selects one of the two as Gov- 
ernor. 

51 . The term of Governor is four years, beginning 
*on the second Monday of January following his elec- 

Term. tion. He is eligible to the office only four 
years in every eight years. No person can be Gov- 
ernor for two consecutive terms. 

52. In order to be Governor a person must have 
l>een a citizen of the United States for five years, and 
Qualifications, a resident of the State during the five years 
preceding his election. He must also be at least thirty 
years of age. 



Indiana and the United States. 35 

53. The Governor is Commander-in-Chief of the 
military and naval forces of the State. The military 

Militia, forces of the State are known as the militia, 
and are divided into two classes — active and sedentary. 
The active militia includes all able-bodied male per- 
sons between the ages of eighteen and forty-five who 
organize into companies. The sedentary militia con- 
sists of all male persons subject to bear arms. The 
active militia is known as the "Indiana Legion." In 
case of a riot, or any serious outbreak, it is the Gov- 
ernor's duty to call out the militia to suppress the dis- 
turbance. The Governor issues his order to the Mayor 
of the city, the Judge of the Circuit Court, or the 
Sheriff of the county, who can call upon the comman- 
der of the body of militia nearest the scene of the 
difficulty. 

54. At the beginning of each session of the Gen- 
eral Assembly the Governor sends to that body 'his 

Message, message, giving general information con- 
cerning the condition of the State, and making anv 
recommendations which he may think proper. These 
are made merely as suggestions, and the General As- 
sembly is. not bound to act upon them. 

55. The Governor has power to grant pardons, 
commutations and reprieves for all offenses except 

Pardons treason, and conviction on impeachment, 
reprieves. He has power to suspend sentence in case 
of conviction for treason until a meeting of the Gen- 
eral Assembly, which body has power to act as it sees 



36 Civil Government of the State of 

fit in regard to the prisoner. The Governor must re- 
port to the General Assembly all reprieves, commuta- 
tions and pardons granted, also all fines and forfeitures 
remitted and the amount of each of the latter. 

56. If, during the recess of the General Assembly, 
a vacancy occurs in any office over which the General 

Vacancies. Assembly has the power of appointment, 
the Governor appoints a person to fill the vacancy until 
a successor is elected by the General Assembly. When 
a vacancy occurs in a State office or in the office of 
judge of any State court, the Governor appoints a 
person to fill the vacancy. The person appointed 
serves out the unexpired term of the officer whose 
place he has taken. If a vacancy occurs in either 
house of the General Assembly or in the National 
House of Eepresentatives, the Governor issues a writ 
of election to fill the vacancy. 

57. The Governor receives the reports of the Sec- 
retary, Auditor and Treasurer of State, the State Su- 

Reports. perintendent of Public Instruction, and the 
Superintendents of the Benevolent Institutions of the 
State. He transmits these reports to the General 
Assembly, and in the year when the General Assembly 
does not meet, he has their reports printed and distrib- 
uted among the counties of the State. 

58. The salary of the Governor is five thousand 
Compensa- dollars per year. He may appoint a private 

secretary at a salary of fifteen hundred dollars a year 
to be paid from the State treasury. 



Indiana and the United States. 37 

59. The following officers are commissioned by the 
Governor : Secretary, Auditor and Treasurer of State, 
Commissions. Superintendent of Public Instruction, Judges 
of the Supreme Court, Reporter of the Supreme 
Court, Clerk of the Supreme Court, Attorney-General, 
Judges of the Circuit Courts, Prosecuting Attorneys, 
Coroners, Justices of the Peace, City Judges, militia 
officers, and all officers appointed by the Governor. 

Lieutenant- Governor. 

60. ' The Lieutenant-Governor is elected at the same 
time as the Governor, and serves for the same term. 
Election, etc. Upon the death or resignation of the Gov- 
ernor, he succeeds to the office. His qualifications 
must be the same as those of the Governor. 

61. The Lieutenant-Governor is the presiding offi- 
cer of the Senate, but can vote only in case of a tie. 
• Duties. He is also a member of the State Board of 
Equalization and the Board of Visitors to the State 
University. He plays a small j^art in the administra- 
tion of the affairs of the State, and the office was 
created merely to provide for a successor to the Gov- 
ernor in case the latter should die or resign. 

62. His salary as President of the Senate and 
Compensation, member of the Board of Equalization is 
eight dollars per day and mileage. 

Secretary of State. 

63. The Secretary of State is elected at the gen- 
eral election for a term of two years. He can hold 



38 Civil Government of the State of 

Election, etc. the office for only two consecutive terms, 
and must give a bond for ten thousand dollars, to be 
approved by the Governor. 

64. It is his duty to keep the enrolled copy of the 
Constitution of the State ; the description of the State 

document/. sea ^ 5 a ^ ^he ac ^ s an( * joint resolutions of the 
General Assembly ; all deeds and conveyances, except 
mortgages, belonging to the State ; the official bonds of 
all the State officers except himself, and all papers 
which form a part of the records of the State. 

65. As soon as possible after the adjournment of 
each session of the General Assembly, he must collect 

Pu of i ia a w i s! n an( * deliver to the printer all the acts and 
joint resolutions passed during the session. These are 
to be distributed among the State and United States 
officers and courts, and among the counties of the State, 
as provided by law. He also distributes the printed ( 
journals of the two houses of the General Assembly 
and the copies of the acts of Congress which are sent 
to the State. 

66. (1) He keeps a register of the official acts 
of the Governor and attests them. The seal of the 
other duties. State, with the Secretary's attest, must be 
placed on all pardons, commissions, etc. (2) After 
each general election, in the presence of the Govern- 
or, from the certificates of votes sent to him by the 
clerks of the Circuit Court of the several counties, he 
compares the number of votes given for the candi- 
dates for all the State offices elected by the people 



Indiana and the United States. 39 

except Governor and Lieutenant-Governor, and certi- 
fies to the Governor the persons receiving the highest 
number of votes. (3) He receives and files the arti- 
cles of association of all corporations formed in the 
State. (4) In the absence of the speaker of the 
House of Representatives he presides at the organiza- 
tion of the house. (5) In case the offices of Gov- 
ernor and Lieutenant-Governor are both vacant and 
there is no President of the Senate, he convenes the 
Senate to elect a President. (6) He must lay all 
the papers relating to the official acts of the Governor 
before either house of the General Assembly when so 
requested, and must keep all his books and papers 
open to the inspection of the General Assembly. (7) 
He must furnish the Governor any information con- 
cerning his office when so requested. 

67. The salarv of the Secretarv of State is two 

%/ * 

QoT tFon. sar thousand dollars per year and fifty per cent. 
of certain fees collected by him. 

Auditor of State. 

68. The Auditor is elected for a term of two years 
at the same time as the Secretarv of State, and is also 
Election, etc. ineligible for more than two consecutive 
terms. He must give a bond for ten thousand dollars 
to be approved by the Governor. 

69. (1) He keeps all accounts between the State 
and other States, the United States, or any person 

Duties, having the management of monev belonging; 



40 Civil Government of the State of 

to the State. (2) He examines and liquidates the ac- 
counts of County Treasurers and other collectors of the 
State revenue. (3) He keeps account of the different 
revenue and expenditures of the State and at every ses- 
sion of the General Assembly makes a complete report 
of the financial affairs of the State for the two pre- 
ceding years. (4) He examines and pays all claims 
against the State if provision has been made by law 
for their payment, and if no provision has been made, 
he reports the fact to the General Assembly. (5) 
He collects all money due the State. (6) He prose- 
cutes all suits for money due the State. (7) He 
draws and records warrants on the Treasurer of State 
for all money to be paid out of the treasury. (8) 
He suggests plans for the improvement and manage- 
ment of the public revenues and funds. (9) He 
keeps all records and mortgages pertaining to his 
office, or to the State, when no other provision is made 
for their safe keeping. (10) He has supervision over 
the banks of deposit, savings banks, insurance compa- 
nies, and other corporations of the State, and requires 
them to make certain reports to him. (11) He fur- 
nishes the County Auditors with forms and instruc- 
tions concerning the collection of taxes. (12) In the 
absence of the Lieutenant-Governor he presides over 
the Senate at its organization. (13) He furnishes the 
Governor, when so requested, information on every 
subject connected with his office. (14) He must keep 



Indiana and the United States. 41 

his books and papers open to the inspection of the 
Governor and General Assembly. 

70. The salary of the Auditor of State is fifteen 
Coi tion nsa hundred dollars per year, with twenty-five 

per cent, of fees collected by him. 

Treasurer of State. 

71. The Treasurer is elected for a term of two 
years, at the same time as the Secretary of State. He 
Election, etc. is also ineligible for more than two consec- 
utive terms, and must give bond for seven hundred 
thousand dollars, to be approved by the Governor. 

72. (1) The Treasurer has charge of the public 
money of the State. He must keep a strict account 

Duties, of the receipts and disbursements at the 
treasury, and must pay out money only on the warrant 
of the Auditor of State. He also receives money into 
the treasury only when accompanied by the Auditor's 
draft. He is prohibited from keeping the money of 
the State in any other place than the vault of the 
treasury, and is also prohibited from loaning the 
State's money. (2) With the Auditor of State, he 
makes out and publishes in the newspapers, at the end 
of each month, a statement of the amount of money 
in the treasury. On the first Monday in November of 
each year, he publishes in the newspapers a statement 
showing the receipts and expenditures during the year. 
He also makes a similar report to the General Assem- 
bly at the beginning of each session. (3) He must 



42 Civil Government of the State of 

keep his office open for the inspection of the Governor 
or General Assembly. 

73. The salary of the Treasurer is three thousand 
Compensation, dollars per year. 

Superintendent of Public Instruction. 

74. The Superintendent of Public Instruction is 
Election, etc. elected b}^ popular vote at the general elec- 
tion for a term of two years. 

75. This officer, as the name implies, has charge of 
the educational affairs of the State. His principal 

Duties, duties are as follows: (1) He must visit 
each county in the State at least once during his term 
of office, and examine the Auditor' s books to see 
whether the school funds are properly taken care of. 
(2) He meets with the teachers and school officers of 
the State and lectures upon subjects of educational 
interest. (3) He has general supervision over the 
school funds, and, in case of their misappropriation, 
institutes suit for their recovery. (4) He prescribes 
forms of book-keeping for the county Auditors and 
Treasurers. (5) He publishes and distributes the 
school laws of the State. (6) He makes the semi- 
annual apportionment of the school fund. (7) He 
must give his opinion in writing on any point of the 
school law to a school officer when so requested. (8) 
In the year when there is no session of the General 
Assembly, he makes a complete report to the Govern- 
or, and at the opening of each session of the General 



Indiana and the United States, 43 

Assembly, he makes a complete report to that body 
of the educational affairs of the State, and offers sug- 
gestions as to the improvement of the school system. 
The reports are bound and distributed among the 
counties of the State. 

76. The Superintendent's salary is twenty-five 
Co tion nsa hundred dollars per year. He is also allowed 

six hundred dollars a year for traveling expenses. 

State Board of Education. 

77. This board consists of the Governor, the Su- 
perintendent of Public Instruction, the President of 
the State University, the President of Purdue Univer- 
sity, the President of the State Normal School, &nd 
the Superintendents of the City Schools in the three 
largest cities of the State. The Superintendent of 
Public Instruction is President of the board, and he 
or a majority can call it together at any time. This 
board grants State certificates to teachers of experience 
and ability, prepares the questions which the County 
Superintendents use in the examination of teachers, 
disposes of all questions arising in the administration 
of the school system, not otherwise provided for. 

State Board of Equalization. 

78. This board consists of the Governor, Lieuten- 
ant-Governor, Secretary, Auditor and Treasurer of 
State, and Attorney-General. It meets annually on 
the third Monday in June, for the purpose of assess 
ing the railroad property in the State, and, in every 



44 Civil Government of tht, State of 

sixth year, of equalizing the assessment of the real 
estate of the various counties of the State. The 
County Auditors send abstracts of the railroad prop- 
erty listed in their counties to the board ; the board 
assesses the property as it sees fit, and certifies the 
amount assessed, through the Auditor of State, to the 
County Auditors. In equalizing the assessment of 
real estate the board raises or lowers the valuation in 
each county until it is the same throughout all the 
counties of the State. The board publishes and dis- 
tributes an annual report of its proceedings. 

Officers Appointed by the Governor. 

79. The State Geologist is appointed for a term of 
four years. He has charge of the State geological 

Stat g e ist. eol °" museum, conducts the geological survey of 
the State, and notes the discovery of any mineral or 
stone which may be useful to agriculture or manufac- 
ture. An appropriation of five thousand dollars is 
made annually for this department, and the Geologist 
is allowed eighteen hundred dollars of this for his 
salary. He makes an annual report to the Governor 
which is printed and distributed. 

80. The duties of the Inspector of Mines are to 
inspect all coal mines of the State, employing more 

In Mines!"° f than ten men, at least twice each year, and 
to see that precautions are taken to preserve the health 
and lives of the men employed. He also inspects the 
scales used at the mine for weighing coal. His salary 



Indiana and the United States. 45 

is fifteen hundred dollars per year. He makes an an- 
nual report to the Governor. His term is two years. 

81. The Inspector of Oils inspects the petroleum 
oil used for burning purposes. He is appointed for a 

Ins o e iis? r ° f term of two years, and must appoint at 
least one deputy in each congressional district in the 
State. His compensation is entirely in fees. 

82. It is the duty of the Commissioner of Fisheries 
to examine the various streams, lakes and water courses 
"erieT of the State, and see whether they can be 
made more productive in the supply of fish. He is 
also to see whether this can best be done by protect- 
ing the fish living in the waters, or by introducing new 
varieties. He is appointed for a term of two years. 
An appropriation not to exceed two thousand dollars 
per year is made, of which the Commissioner receives 
three hundred dollars for his salary. 

83. Notaries Public are appointed for four years 
upon certificates of qualifications and moral character 

pSbUc? 8 from the Judges of the Circuit Court of 
their respective counties. Before being commissioned 
each Notary Public must procure a seal, take an oath 
of office, and file a bond of one thousand dollars with 
the Clerk of the Circuit Court. Notaries have power 
to certify all acknowledgments of deeds or other legal 
papers, to administer oaths, and to certify affidavits. 
Officers in banks and persons holding office are pro- 
hibited from being Notaries Public. 

84. Commissioners of Deeds are persons appointed 



46 Civil Government of the State of 

and commissioned in other States for the purpose of 
e^so^Deeds" taking acknowledgments, affidavits, etc., to 
be used in this State. They are the same as Notaries 
Public, except that they live outside of the State. 

85. The State Board of Health consists of four 
members appointed by the Governor, and a secretary, 

health/ e l ec ted by the members of the board. It 
has general supervision over matters which concern the 
health and life of the citizens of the State. It makes 
inquiries into the causes of diseases, and suggestions 
regarding their prevention and cure. The secretary is 
the State Health Officer. He receives reports from the 
various health officers of the vital and sanitary statist- 
ics of the State. The secretary receives a salary not 
to exceed twelve hundred dollars per year, but the 
other members receive only their necessary expenses. 

86. The Chief of the Bureau of Statistics is ap- 
pointed for a term of two years. It is his duty to 

statistic^ collect the statistics sent to him from the 
counties of the State and publish them in his annual 
report. His salarjMS twelve hundred dollars per year. 

87. The Governor also appoints the trustees of 
Purdue University, the trustees of the State Normal 
other Officers. School, the managers of the Female Reform- 
atory, the trustees of the various benevolent institu- 
tions, the Adjutant-General, the Quartermaster-Gen- 
eral, the more important militia officers, and other 
minor officers of the State government. 



Indiana and the United States. 41 

QUESTIONS. 

1. How, when and for how long is the Governor 
elected ? 

2. What qualifications are necessary in order to 
become Governor? 

3. What is the militia? 

4. What connection has the Governor with the 
militia? 

5. What are the Governor's messages? 

6. What power has the Governor regarding re- 
prieves and pardons? 

7. What are his powers concerning vacancies? 

8. Why does the office of United States Senator 
come under this section? 

9. What officers make reports to the Governor? 

10. What officers are commissioned by the Gov- 
ernor ? 

11. What is the Governor's salary? 

12. Who is Governor of Indiana? 

13. Tell of the election, qualifications, duties and 
salary of the Lieutenant-Governor. 

14. Who is Lieutenant-Governor? 

15. For how long is the Secretary of State elected? 

16. How long is he eligible to the office? 

17. What are his duties in regard to the custodv 
of documents? 

18. Tell how the State laws are published. 

19. Name some other duties of the Secretary of 
State. 



48 Civil Government of the State of 

20. What is the salary of the Secretary of State? 

21. Who is Secretary of State? 

22. Tell of the election and term of the Auditor 
of State. 

23. Give ten of his principal duties. 

24. What is his salary? 

25. Who is Auditor of State? 

26. Tell of the election and term of the Treasurer 
of State. 

27. What are his principal duties? 

28. What is his salary? 

29. Who is Treasurer of State? 

30. Tell of the election and term of the Superin- 
tendent of Public Instruction. 

31. What are his duties? 

32. What is his salary? 

33. Who is Superintendent of Public Instruction? 

34. What officers comprise the State Board of Ed- 
ucation ? 

35. What are the duties of this board? 

36. What officers comprise the State Board of 
Equalization ? 

37. What are the duties of this board? 

38. Name the officers appointed by the Governor. 

39. What are the duties of the State Geologist? 

40. What are the duties of the Inspector of Mines? 

41 . What are the duties of the Inspector of Oils ? 

42. What are the duties of the Commissioner of 
Fisheries ? 



Indiana and the United States. 49 

43. How are Notaries Public appointed? 

44. What powers have they? 

45. Name some Notaries Public v in your neighbor- T 
hood. 

46. What are Commissioners of Deeds? 

47. Tell what you can of the State Board of HedMk. > 

48. What are the duties of the Chief of the Bureau: 
of Statistics ? 



CHAPTER VI. 

JUDICIAL DEPARTMENT. 

88. The judicial power of the State is vested by 
the Constitution in the Supreme Court, in Circuit Courts, 

How Vested, and such other courts as the General Assem- 
bly may establish. Two other courts, the Superior 
Court and the Criminal Court, have been established 
in certain counties of the State for the purpose of 
assisting the Circuit Court to dispose of its business, ^ 

89. By the jurisdiction of a court, we mean the 
class of cases which it has the power to decide. A 
jurisdiction, court has original jurisdiction when the 
case may be begun in it ; it has appellate jurisdiction 
when the case is brought up to it from a lower court ; 
it has exclusive jurisdiction when it is the only court 
which has power to decide the case. 

90. Any person who is a voter, and is of good 
moral character, may be admitted to the bar and allowed 



60 Civil Government of the State of 



Attorneys, to practice in any court of the State. Any 
court of record, however, can suspend an attorney 
from practicing if he has been convicted of a felony, 
or if he has disobeyed the orders of the Court. 

[ Supreme Court. 

91. The Supreme Court consists of five judges, any 
three of whom form a quorum. For their election the 

Judges. State is divided into five *districts, and one 
judge elected from each district. They are elected, 
however, by the votes of the whole State. Their 
term is six years, and the salary of each is four thou- 
sand dollars per year. The judges, each term, select 
one of their number Chief Justice, but no judge can 



♦The division of the State into districts for the election of Su- 
preme Judges is as follows : 

First District— The counties of Monroe, Owen, Clay, Parke, Mor- 
gan, Sullivan, Greene, Knox, Daviess, Martin, Dubois, Pike, Gib- 
son, Posey, Vanderburgh, Warrick, Spencer, Perry, and Orange. 

Second District — The counties of Ohio, Rush, Switzerland, Dear- 
born, Shelby, Brown, Lawrence, Crawford, Harrison, Floyd, 
Clark, Scott, Jefferson, Ripley, Decatur, Bartholomew, Jackson, 
Washington, and Jennings. 

Third District— The counties of Tippecanoe, Johnson, White, 
Warren, Fountain, Montgomery, Clinton, Boone, Tipton, Hamil- 
ton, Marion, Vermillion, Putnam, Hendricks, and Vigo. 

Fourth District — The counties of Allen, Whitley, Huntington, 
Wells, Adams, Grant, Blackford, Jay, Delaware, Randolph, How- 
ard, Madison, Hancock, Henry, Wayne, Fayette, Union, and 
Franklin. 

Fifth District— The counties of Lake, Benton, Porter, LaPorte, 
St. Joseph, Elkhart, Kosciusko, Marshall, Starke, Jasper, Newton, 
Pulaski, Fulton, Wabash, Miami, Cass, Carroll, Lagrange, Steu- 
ben, DeKalb, and Noble. 



Indiana and the United States. 51 

preside at two consecutive terms or until the other 
judges have presided each one term. 

92. Two terms of court are held each year — one 
beginning on the fourth Monday in May, and the other 

Terms, on the fourth Monday in November. Each 
term continues thirty days, and may be continued 
longer if the business requires it. 

93. The Supreme Court has no original jurisdic- 
tion in ordinary cases. It is occupied in directing the 
Jurisdiction, action of inferior courts, and deciding such 
questions as come before it on error or appeal from 
the lower courts. It is the highest court of the State, 
and its decisions are final except when United States 
law is involved. The arguments of the attorneys are 
written or printed, and are called briefs. The decis- 
ions of the court must also be made in writing. 

Clerk of the Supreme Court. 

94. The Clerk of the Supreme Court is elected by 
the voters of the State at the general elections for a 
Election, etc. term of four years. He gives bond for 
ten thousand dollars. His fees are regulated by law. 

95. He must keep his office open during business 
hours ; preserve all records and books of the court ; 

Duties. administer oaths ; attend all sessions of the 
court in person or by deputy ; sign, seal and issue all 
processes of the court, and keep a complete record of 
all cases disposed of. 



52 Civil Government of the State of 

Sheriff of the Supreme Court. 

96. The Sheriff is appointed by the Judges of the 
Supreme Court for a term of two years. He gives 
Appointments, bond for five thousand dollars. His pay 
is in fees. 

97. He must attend court in person or by deputy ; 
execute all orders of the court ; preserve order in the 

Duties. court-room, and execute all processes issued 
by the Clerk of the Supreme Court. The County 
Sheriffs are his deputies, and in executing processes he 
generally sends them by mail to the sheriff of the 
county where they are to be served. 

Reporter of the Supreme Court. 

98. This officer is elected by the voters of the State 
Election, at the general elections for a term of four 

years. 

99. It is his duty to collect and have printed the 
decisions of the Supreme Court. These must be 

Duty. printed and bound as specified by law. He 
delivers five hundred copies of these reports to the 
Secretary of State, and is allowed three dollars and 
fifty cents for each volume. He is also given the copy- 
right to the reports and can sell them to outside parties. 

Attorney- General. 

100. The Attorney-General is elected by the voters 

^ond? 11, of tlie State for a term of two y ears - He 
gives bond for five thousand dollars. 



Indiana and the United States. 53 

101 . His duties are as follows : ( 1 ) He prosecutes 
or defends for the State all suits in which the State 

Duties, may be a party. (2) He has charge of all 
criminal cases in the Supreme Court. (3) If other 
officers, whose duty it is to collect fines, licenses, etc., 
fail to collect this money, he institutes proceedings to 
compel the collection. (4) If railroad companies fail 
to deliver a list of their property to the proper officers, 
he brings suit against the companies. (5) He must 
give to any of the State officers, when requested, his 
opinion as to the legality of any laws or acts which 
effect their department, and to the General Assembly 
his opinion on the constitutionality of any existing or 
proposed law. (6) On the first day of November he 
makes annual reports to the Secretary of State of the 
fines assessed and forfeitures entered in the State dur- 
ing the year. These are ascertained by reports sent 
to him by clerks of the Circuit Courts at the close of 
each term. 

102. The salary of the Attorney-General is twenty- 
Compensa- fiye h un( j re( j d H ars per year and compen- 
sation on fines, etc., collected. 

QUESTIONS. 

1. Name the courts of the State. 

2. What is meant by jurisdiction ; original juris- 
diction; appellate jurisdiction ; exclusive jurisdiction ? 

3. What is said of attorneys? 



54 Civil Government of the State o) 

4. Of how many judges does the Supreme Court 
consist? 

5. How are they elected? 

6. In which district do you live? 

7. Name the Judges of the Supreme Court. 

8. How long do they serve? 

9. How often and when does the Supreme Court 
meet? 

10. What is said of its jurisdiction? 

1 1 . How is the Clerk of the Supreme Court elected ? 

12. What are his duties? 

13. Who is Clerk of the Supreme Court? 

14. What is said of the Sheriff of the Supreme 
Court? 

15. Tell of the election of the Reporter of the 
Supreme Court. 

16. What is his duty? 

17. Who is Reporter of the Supreme Court? 

18. How and for how long is the Attorney-General 
elected ? 

19. What are his duties? 

20. What is his salary? 

21. Who is Attorney-General? 



Indiana and the United States. 



55 



Civil Government 
of the County. 



CHAPTER VII. 

CIVIL GOVERNMENT OF THE COUNTY. 
OUTLINE. 

' Legislative \ Board of Commissioners. 



' Board of Commissioners. 
Auditor. 
Treasurer. 

Clerk of the Circuit Court. 
Executive \ Sheriff. 

Recorder. 

Superintendent of Schools. 
Coroner. 
Surveyor. 



Judicial. - 



\ Circuit Court. 
Superior Court. 
Criminal Court. 
Prosecuting Attorney. 
Clerk of the Circuit Court. 
Sheriff. 



103. The State of Indiana is divided into ninety- 
two counties. These have the same officers and are 

Counties, governed by the same laws. The county- 
seat of a county is a town located generally as near 
the center of the county as is convenient. The circuit 
court of the county meets here ; the court-house, jail 
and offices of the various county officers are located 
here. No new county can be formed unless a majority 
of the people of the counties from which it is to be 
organized are willing, nor can any county be reduced 
to less than four hundred square miles. 

104. The county officers, with the exception of 
Superintendent of Schools, are elected by the people at 



&6 Civil Government of li& l^tate &f 

^ii^Stiont: ^e g enera l elections*. In order to hold a. 
'"'^cersf county office a perscn; must fee a legal voter 
tof Uhe county, and must have Been am inhabitant of 
ttte couniy for the year imnisriiately pre«e*Kieg hi& 
< election. The Auditor, Treasurer, desk,, Sheriff and 
" (Recorder are ineligible for moae-' titan twm e^Etseemtive 
Pterins. 

LEGISLATIVE DETS&TXfflfENT.. 

Board of Oom&MS&icmer&L 
105. In a certain sense the Boards of Ccmnmissfofiers 
is a legislative body. Under the acts ©£ lite General 
LeS owers Te Assembly it can legislate mi certain dire®*- 
tions,yet it can not make newlaws. In* seme respects 
its powers and duties resemWe those of t^e General 
Assembly. As the General: Assen&bly provides for 
the benevolent institutions ©£ the State*, so the Board 
of Commissioners provides ft>r the care ofe the poor of 
the county ; as the General Assembly fixes the rate of 
the State taxes, so the B&ard of Commissioners fixe^, 
the rate of the county ta^s; as the General Assembly- 
makes appropriations frmm the State treasury, so th<& 
Board of Commissioners makes appropriations froi&tite 
county treasury. Th^ir duMes, however, are prin- 
cipally of an executive charter, and will be dj^ugsed 
under that head. 

EXE&OTIVE, DEPARTMENT. 

Bomrd of Commissioners. 
106. This board is composed of three persons 
elected by the voters, of the county. The county is 



Indiana and the United States. 57 

Election, etc. divided into three districts, and one Com- 
missioner is elected from each district. Any two of 
the Commissioners comprise a quorum, and in case 
of a vacancy, the other two Commissioners, with the 
Auditor, choose a person to fill the vacancy. They 
are elected for a term of three years, and it is so 
arranged that the term of one member expires each 
year. 

107. The Commissioners meet in regular session 
four times each year : — on the first Monday of March, 

scions. June, September and December. The 
length of the sessions is limited by law, and is in 
proportion to the number of inhabitants in the county. 
The County Auditor can, however, call an extra ses- 
sion of the board at any time. 

108. Among the many powers and duties of the 
Commissioners may be mentioned the following: — 

P 7ut r iL and (1) They approve the bonds of the county 
officers, and fix the amount of the bond of the Clerk 
of the Circuit Court. (2) In case of vacancies in the 
offices of Justice of the Peace or Township Trustee, 
they appoint a person to fill the vacancy. (3) They 
examine all claims made against the county, and make 
allowance for the same. (4) They provide for the 
opening, discontinuance or change of the highways of 
the county. ( 5 ) They build and repair the bridges of 
the county. (6) In case the revenue obtained by tax- 
ation is not sufficient to pay the county indebtedness, 
they may issue bonds for the pui*pose. ( 7 ) They make 



£8 Civil Government of the State oj 

annual settlements with the County Treasurer. (8) 
They grant all liquor licenses. (9) They establish a 
county poor asylum, appoint a superintendent, who 
gives bond and makes reports, and inspect the asylum 
annually. (10) They may dismiss the County Super- 
intendent for cause. (11) They appoint physicians 
to attend to the poor of the county. (12) They 
keep the county buildings in repair, and erect new 
ones when necessary. (13) They may sit as a judicial 
body, and try contest of election for county and town- 
ship officers. (14) Together with four persons ap- 
pointed by the Judge of the Circuit Court, they form 
the County Board of Equalization, whose duty is to 
equalize the assessment of the taxes among the town- 
ships in the same manner that the State Board of 
Equalization equalizes them among the counties. 

109. The Commissioners receive three dollars and 
Compensation, fifty cents for each day's attendance at the 
meetings of the board. 



j t^ 



Counti/ Auditor. 

110. The Auditor is elected for a term of four 
E Bond. n ' years. He gives bond for two thousand 

dollars. 

111. (1) The Auditor is clerk of the Board of 
Commissioners, and keeps a record of all acts of the 

Duties, board. (2) If a vacancy occurs in the 
office of Township Trustee when the Commissioners 



Indiana and the United States. 59 

• 

are not in session, he fills the vacancy. (3) He makes 
out the tax duplicate and turns it over to the Treasurer 
for collection. (4) He issues orders on the Treasurer 
for all money to be drawn from the treasury. (5) 
He makes out and publishes the delinquent tax-list, 
(6) He records transfers of real estate. (7) He is- 
sues liquor and other licenses granted by the Board of 
Commissioners. (8) He furnishes poll-books and 
election-blanks for all precincts in the county. (9) 
He has charge of the school fund, and may loan it out 
on s:ood securitv in sums not exceeding two thousand 
dollars. (10) He makes reports to the Superintend- 
ent of Public Instruction of the amount of school rev- 
enue collected. (H) He receives the reports of enu- 
meration of the male inhabitants over twenty-one years 
of age, from the Township Trustee, and transmits 
these reports to the Auditor of State. (12) He makes 
all necessary reports to the Bureau of Statistics. 

112. His pay is twelve hundred dollars per year 
Compensa- with the fees of the office. 

tion. 

County Treasurer. 

113. The Treasurer is elected for a term of two 
years. Before entering upon the duties of his office, 

E Bond. n ' be must give a bond for twice the amount of 
money which will come into his hands, at any one time 
during his term. This bond must be signed by the 
Treasurer and not less than four responsible persons, in 
the presence of the Board of Commissioners. 



60 Civil Government of the State of 

» 

114. The Treasurer has charge of the money be- 
longing to the county. He receives all money due tjje 
county, and pays it out only on order of the Auditor. 

Duties. He receives the tax duplicate from the Audi- 
tor and collects the taxes. He must give a receipt for 
all money paid to him. These receipts, with the ex- 
ception of those for taxes, are taken to the Auditor 
who keeps the receipt and gives a quietus in its place. 
The Treasurer must keep his office open to the inspec- 
tion of the Commissioners, and must exhibit the money 
in the office to them at least once each year. He must 
make a complete settlement with the board at its June 
meeting and an annual settlement with the Auditor on 
the first Monday in November of all taxes collected by 
him. On the fifteenth of May and the first of January 
of each year he pays over to the Treasurer of State the 
money due the State for taxes. 

115. The Treasurer is allowed a salary of eight 
Co ?ion? sa " hundred dollars per year. He is also 

allowed a per cent, of all taxes collected by him. 

Clerk of the Circuit Court. 

116. The Clerk is elected for a term of four years. 
E1 Bond n * He must give bond for such amount as the 

Board of Commissioners may determine. 

117. Among his duties are the following : (1) He 
keeps a record of the proceedings of the Circuit Court 
of his county. ( 2 ) He administers oaths to the juries, 



Indiana and the United States. 61 

Duties, bailiffs, and witnesses. (3) He issues all 
warrants for arrests and all death-warrants. (4) He 
files, records and certifies all indictments issued by the 
grand jury. (5) He issues subpoenas for witnesses. 

(6) He approves all bonds not otherwise provided for. 

(7) He issues marriage licenses and physicians' licenses. 

(8) He records all wills admitted to probate. (9) 
During the vacation of the Circuit Court he appoints 
administrators of estates. (10) Twenty days before 
each election he certifies to the Sheriff the officers to 
be elected (H) He is clerk of the County Board of 
Canvassers. 

118. The pay of this officer is in fees, varying 
°°?ion nsa " according to the amount of business trans- 
acted. 

County Sheriff. 

119. The Sheriff is elected for a term of two years. 
E Bo C nd n ' He gives bond for five thousand dollars. 

120. His principal duties are as follows : (1) He 
attends all sessions of the Circuit Court and the meet- 
Duties, inofs of the Countv Commissioners, and 

executes the orders of either. (2) Either in person 
or by deputy he serves all warrants, summons and 
subpoenas issued by the Clerk of the Circuit Court. 
(3) He takes to the State prison all persons sentenced 
to confinement therein by the court, and to the insane 
asylum those pronounced insane. (4) He executes, 
by hanging, criminals who have been sentenced to 



62 Civil Government of the State of 

death. (5) He has charge of the county jail and pris- 
oners. (6) He is a peace officer, and can arrest a 
person at any time without a warrant. (7) He gives 
notice of election by publishing, fifteen days before 
the election, the certificate of the Clerk naming the 
officers to be elected. 

121. His pay is almost entirely in fees. He is 
€o tion nsa " allowed two dollars for each day's attend- 
ance on court. 

County Recorder. 

122. The Recorder is elected for a term of four 
E Bond. n * years. He gives bond for two thousand 

dollars. 

123. It is his duty to record in books kept for the 
Duties, purpose, all deeds, mortgages, articles of 

incorporation, leases and other papers which it may be 
desirable to preserve. A deed is a written statement 
of the transfer of land from one person to another. 
Mortgage. A. mortgage is a paper conveying certain 
property to another as security for a debt. A chattel 
mortgage is a mortgage on personal property. The 
Recorder is required to keep a full index of all deeds 
recorded, and is forbidden to use printed forms for the 
deeds. His compensation is entirely m fees. 

County Superintendent of Schools. 

124. On the first Monday in June of the odd num- 
bered years, the Township Trustees of each county 



Indiana and the United States. 63 

meet and elect the County Superintendent of Schools for 
E Bond n ' a term °f two years. The County Auditor 
is clerk of the meeting, and in case of a tie has the 
deciding vote. The Superintendent gives bond for one 
thousand dollars. 

125. The Superintendent has general supervision 
over the common schools of the county. He must 

Duties. visit each school in the county and attend 
each township institute at least once a year. He grants 
licenses to teachers on examination, and has power to 
revoke the license of a teacher for incompetency, im- 
morality, or general neglect of the business of the 
school. In case of a dispute arising under the school 
laws of the State, the matter is first referred to him, 
but may be appealed to the Superintendent of Public 
Instruction. He forwards to the Superintendent of 
Public Instruction a report of the enumeration of school 
children filed in his office by the school trustees, and 
also reports such other school statistics as the Super- 
intendent of Public Instruction may require. He may 
inspect the records of judicial officers, and if he finds 
that the officer has failed to pay over to the school 
fund the fines or other money due it, he may bring 
suit against the officer. 

126. The County Superintendent is president of 
the County Board of Education, which is composed of 
orEducat°ion d the Township Trustees and the presidents of 
the town and city school boards. This board meets 
semi-annually, on the first days of May and Septem- 



64 Civil Government of the State oj 

ber, and considers matters pertaining to the schools, 
such as text-books, furniture, etc. The board is pro- 
hibited from changing text-books oftener than once in 
six years unless by a unanimous vote. 

127. The Superintendent's salary is four dollars 
Co tLon 1 ! sa " f° r eac h day employed in the duties of his 

office. 

County Coroner. 

128. The Coroner is elected for a term of two 
E Bond. n# years. He is commissioned by the Governor 

and gives bond for five thousand dollars. 

129. It is his duty to hold an inquest upon the 
dead body of any person supposed to have died by 

inquest, violence or in any unnatural manner. He 
has power to summon witnesses for the inquest and 
to take their testimony concerning how the de- 
ceased met his death. If he thinks it necessary, he 
may have a physician hold a post-mortem examination. 
The Coroner makes a report in writing, describing the 
body and the valuables found upon it. This report 
with his verdict he delivers to the Clerk of the Cir- 
cuit Court, and publishes in a newspaper. 

130. In case of a vacancy in the office of County 
as Sheriff. Sheriff, the Coroner discharges the duties of 

the office until a new Sheriff is chosen. If the Sheriff 
is interested in any particular case, the Coroner acts in 
his place. He may also issue warrants for the arrest 
of any one suspected of the murder of a person upon 



Indiana and the United States, 65 

whose body he has held an inquest. His compensation 

is in fees. 

County Surveyor. 

131. The Surveyor is elected for a term of two 
E Bond. n ' years. He gives bond for one thousand 

dollars. 

132. It is his duty to make surveys and establish 
corners and lines when called upon by any person 

Duties. owning land in the county. The survey is 
entered in a book kept for the purpose, and these 
records must be turned over to his successor. He is 
also empowered to take acknowledgments of deeds and 
mortgages, and to administer oaths. 

133. His compensation is in fees, to be paid equally 
Coi tion nsa " by persons interested in the survey. 

REVIEW QUESTIONS. 

1. How many counties are there in Indiana? 

2. What is meant by the county seat? 

3. Bound the county in which you live. 

4. What is the county seat of your county? 

5. How are the county officers elected? 

6. What are the qualifications necessary to hold a 
county office? 

7. What county officers are ineligible for more 
than two consecutive terms? 

8. In what respects is the Board of Commissioners 
a legislative bodv? 

[5] 



66 Civil Government of the State of 

9. Tell of the election, term, etc., of the County 
Commissioners. 

10. Tell of the sessions of the County Commission- 
ers. 

11. What are some of the duties of the Commis- 
sioners ? 

12. Name the Commissioners of your county. 

13. What is the salary of the Commissioners? 

14. Tell of the Auditor's election and bond. 

15. Name some of his principal duties. 

16. What is his salary? 

17. Who is Auditor of your county? 

18. For how long is the Treasurer elected? 

19. What bond is he required to give? 

20. What are his principal duties? 

21. What is his salary? 

22. Who is Treasurer of your county? 

23. For how Ions: is the Clerk of the Circuit Court 
elected ? 

24. How is the amount of his bond determined? 

25. Name some of his principal duties. 

26. How is he paid? 

27. Who is Clerk of the Circuit Court of your 
county ? 

28. Tell of the Sheriff's term and bond. 

29. What are his principal duties? 

30. What is said of his compensation? 

31. Who is Sheriff of your county?. 

32. What are the Recorder's term and bond? 

33. What is his principal duty? 



Indiana and the United States, 67 

34. What is a deed ; a mortgage ; a chattel mort- 
gage? 

35. Who is Recorder of your county? 

36. How and for how long is the Superintendent 
of Schools elected? 

37. What are his duties? 

38. Tell of the county Board of Education. 

39. What is the Superintendent's salary? 

i 40. Who is Superintendent of Schools of this 
county? 

41. Tell of the election and bond of the Coroner. 

42. What is his principal duty? 

43. When does the Coroner act as Sheriff? 

44. Who is Coroner of your county? 

45. Tell of the term and bond of the Surveyor. 

46. What are his duties? 

47. Who is Surveyor of your county? 



CHAPTER Vin. 

JUDICIAL DEPARTMEOT. 

Circuit Court. 

134. The State is divided into forty-nine judicial 
circuits, and in each of these a Judge is elected for a 

Judges, term of six years. The Judge presides over 
the Circuit Courts of the several counties of his dis- 
trict. The salary of the Judges of the Circuit Courts 
is twenty-five hundred dollars per year. 



68 Civil Government of the State of 

135. The number and length of terms of the Cir- 
cuit Court are fixed by the General Assembly, and 

Terms, vary according to the amount of business 
transacted. If the business of the court is not trans- 
acted at the regular term, the Judge may appoint a 
time for holding an adjourned term, when the business 
may be disposed of, and if the business is not com- 
pleted at the close of the term preceding the summer 
vacation, the Judge must hold court during the vaca- 
tion to dispose of the business. 

136. The Circuit Court has original exclusive juris- 
diction in all cases at law and in equity, in criminal 
Jurisdiction, cases and actions for divorce, except where 
concurrent or exclusive jurisdiction may be given to 
Justices of the Peace. It also has exclusive jurisdiction 
in the settlement of deceased persons' estates and 
guardianships, except in counties where Superior Courts 
have been established. It has appellate jurisdiction in 
all cases brought to trial in the courts of the Justices of 
the Peace. 

137. A full record of each day's proceedings of 
the court must be kept by the Clerk of the Circuit 

Record. Court, and must be publicly read, and signed 
by the Judge. The Judge must also adopt rules for 
conducting the business of the Court, which must not 
be contrary to the laws of the State. 

Superior Court. 

138. These courts have been established in the more 



Indiana and the United States. 69 

populous counties of the State to assist the Circuit 
E mentf h " Court in disposing of its business. Superior 
Courts, with one Judge, have been established in Allen, 
Tippecanoe, Vanderburgh and Vigo counties, and with 
three Judges in Marion county. The Judges are 
elected by the people for a term of four years, and 
each receives a salary of three thousand dollars per 
year. The terms begin on the first day of each month, 
except July and August. The County Sheriff and 
Clerk of the Circuit Court perform the same duties in 
the Superior Court that they perform in the Circuit 
Court. 

139. The Superior Court has original concurrent 

jurisdiction with the Circuit Court in all civil cases 

Jurisdiction, except slander, and jurisdiction concurrent 

with the Circuit Court in cases of appeal from lower 

courts. 

Criminal Court. 

140. This Court is established in certain counties 
of the State for the purpose of trying the criminal 

Es ment. h " cases which would otherwise go to the Cir- 
cuit Court. Criminal Courts are held only in Marion 
and Vigo counties. There is one Judge to each court, 
who is elected by the voters of the county for a term 
of four years. 

141. The Criminal Court has original exclusive ju- 
risdiction within the county, of all crimes and misde- 
Jurisdiction. meanors, except where the jurisdiction is 



70 Civil Government of the State of 

given to Justices of the Peace, and such appellate ju- 
risdiction in criminal matters as ordinarily belong to 
the Circuit Court. 

Prosecuting Attorney. 

142. In each judicial district of the State a Pros- 
E Bond. u- ecuting Attorney is elected for a term of 

two years. He gives bond for five thousand dollars. 

143. This officer conducts for the State the prose- 
cution of criminal cases in the Circuit and other courts 

Duties, of his district, he brings suit against certain 
officers for neglect- of their duties ; he conducts suits 
for the recovery of money due the State, and acts as 
attorney for the counties of his district in all cases in 
which they may have a part. If he has been informed 
of the commission of a crime he may have any person, 
supposed to be acquainted with the facts, subpoenaed 
to testify regarding the case, and if the evidence is 
sufficient the court may order the arrest of the accused 
person. If a suit for divorce is undefended it is his 
duty to resist the granting of the decree. He also 
protects the interests of persons of unsound mind. At 
the meetings of the grand jury he appears before the 
body for the purpose of giving information on legal 
questions, and if necessary, may question the witnesses 
before the grand jury. 

144. His pay is principally in fees, varying accord- 
ing to the nature of the case. He also receives from 



Indiana and the United States. 71 

^on?*" tbe State treasury an annual salary of five 
hundred dollars. 

The Jury System. 

145. At the last term of court in each calendar 
year, the Judge of the Circuit Court appoints two 

Sonera" persons in each county as jury commission- 
ers. These persons must be of opposite political par- 
ties, freeholders and voters of the county, and of good 
character. They must take oath to impartially dis- 
charge their duties. Immediately upon appointment 
the commissioners must make from the tax duplicate a 
list of twice as many persons as will be required to 
serve on the grand and petit juries for all the terms of 
court to be held during the following year. The per- 
sons selected must be freeholders or householders, 
les;al voters, and must not be known to be interested 
in any suit to be tried during the year. The names 
are written on slips of paper and deposited in a box 
furnished for the purpose by the Clerk of the Circuit 
Court. The box is locked, delivered to the Clerk and 
the key retained by the jury commissioner w^ho is of 
opposite politics to the Clerk. 

146. Within one week of the opening of each term 
of court, in presence of the commissioners, the Clerk 

Dr j a uro^s.° f draws from the box six of the slips of paper. 
The persons whose names appear on these slips are 
summoned as the grand jury for the term. At the 
same time the Clerk also draws twelve names from the 



72 Civil Government of the State of 

box to serve as petit jurors. If by repeated drawings 
the supply of names in the box should become ex- 
hausted the Judge orders the jury commissioners to 
select an additional number of names. No one, how- 
ever, should be selected who has served as juryman 
during the year preceding. If the officers can not 
impanel a jury in the regular order, jurors may be 
selected from the bystanders to complete the panel. 
To be a juror a person must be a legal voter and a 
freeholder or householder. 

147. The Grand Jury is composed of six members. 
Whenever a person is selected to serve on this jury he 

Grand Jury, can be excused only on account of sickness 
in person or in his family, or because he is a ferryman 
or fireman in active service, a minister of the gospel, or 
is over sixty years of age. Should he fail to appear 
or to give one of the above causes for his absence, he 
may be punished for contempt of court. 

148. The Grand Jury elects one of its members 
foreman, who has the power to administer oaths, 

Proceedings, and another clerk, who takes minutes of 
the proceedings of the body. The members are in- 
structed by the Judge as to their duties. They must 
inquire into the cases of persons imprisoned in the 
county jail and under bail without an indictment, into 
misconduct of county officers, into the management of 
the county prisons and poor houses, and into the vio- 
lation of the criminal laws of the State. The Pros- 
ecuting Attorney may be present to advise the jury 



Indiana and the United States. 73 

and to question witnesses, but no one is allowed to be 
in the room while the jury is taking a ballot. The 
jurors must take oath that they will keep secret all 
the proceedings of the body. The Grand Jury has 
power to cause summons to be issued for witnesses to 
testify in regard to the violation of the criminal laws 
of the State. If five of the jurors are satisfied that a 
person suspected of a crime is guilty, the jury brings 
indictment an indictment against him. The indict- 
ment is signed by the Prosecuting Attorney and in- 
dorsed " A true bill" by the foreman. The names of 
the witnesses are also indorsed upon the indictment. 

149. The Petit Jury consists of twelve members, 
except in civil cases, when it may consist of any num- 

Petit Jury, ber agreed upon between three and twelve. 
It is the duty of this jury to try all cases brought 
before it and render a verdict in accordance with the 
testimony of the witnesses. 

150. The manner of proceeding in a criminal trial 
is as follows : After an indictment has been found bv 

™af a the Grand Jury against a person, a warrant 
is issued for his arrest. For all offenses except mur- 
der, he may give bail, by which his bondsmen agree to 
forfeit a certain amount of money if the accused fails 
to appear for trial. He is then released until the day 
of the trial. "When the case is brought up in court 
the indictment is read to the accused and he pleads 
either guilty or not guilty. If he pleads guilty there 
is no need of a trial, the judge merely sentencing the 



74 Civil Government of the State of 

prisoner, but if he pleads not guilty the trial proceeds. 
The Prosecuting Attorney appears for the State and if 
the defendant has no attorney he is furnished one by 
the court. Each party may challenge and have ex- 
cused from the jury a certain number of the jurors 
varying according to the charge brought against the 
defendant. The evidence against and for accused is 
given and the judge charges the jury regarding the 
points of law in the case. The jury then retires in 
charge of a bailiff to consult concerning the verdict. It 
requires the unanimous vote of the jury to convict, 
and if there is a reasonable doubt of the guilt of the 
accused, he must be acquitted. If the jurors can not 
agree upon a verdict, the jury is discharged and the 
case must be tried by a new jury. 

151. In a civil ease the plaintiff or party beginning 
the action files a complaint against the defendant in 
Civil trial. the office of the Clerk of the Circuit Court, 
and a summons is issued notifying the defendant of 
the suit brought against him. If the defendant is not 
a resident of the State the Clerk may publish a notice 
of the complaint in a newspaper. The defendant files 
his answer to the complaint. At the time set for the 
trial the attorneys of the parties appear for their clients 
and the trial proceeds. The parties may by agree- 
ment submit the case to the Court instead of to a jury. 

REVIEW QUESTIONS. 

1. What counties compose the Judicial Circuit in 
which vou live? 



Indiana and the United States. 75 

2. For how long are Judges of Circuit Courts 
elected? 

3. Who is Judge of the Circuit Court in this 
county ? 

4. What is his salary? 

5. How are the number and length of terms de- 
cided? 

6. When does Court meet in this county? 

7. Tell what you can of the jurisdiction of Circuit 
Courts. 

8. What is said of records and rules? 

9. What are Superior Courts? 

10. In what counties have they been established? 

11. Tell what vou can concerning the Judges. 

12. What is said of the jurisdiction of this Court? 

13. What are Criminal Courts? 

14. In what counties do they exist? 

15. What is said of the jurisdiction of this Court? 

16. Tell of the election, etc., of the Prosecuting 
Attorney. 

17. Mention some of his duties. 

18. How is he paid? 

19. Who is Prosecuting Attorney in this circuit? 

20. What are the duties of jury commissioners? 

21. Explain how jurors are drawn. 

22. Tell what you can concerning the Grand Jury. 

23. What is an indictment? 

24. What is the petit jury? 

25. What is a criminal trial ; a civil trial? 



76 Civil Government of the State of 

26. Give an account of the procedure in a criminal 
trial. 

27. Give an account of the procedure in a civil 
trial. 



CHAPTER IX. 

CIVIL GOVERNMENT OF THE TOWNSHIP. 
OUTLINE. 

' Legislative, Trustee. 



Civil Government 



f Trustee. 



! As^e^soi* 
of the \ Executive \ Cons t ables 



Township. 



I Supervisors of Highways. 

f Justices of the Peace, 
judicial. | Constables# 



152. As the State is divided into counties, so is 
each county divided into townships. These townships 

Townships, differ in size, and their boundaries are ar- 
ranged as may be most convenient to the inhabitants. 
The Board of County Commissioners has the power 
to change the boundaries of the townships as it may 
see fit. 

153. The distribution of power in the township 
remains the same as in the State and county, but it is 

D of?ower! n even l ess distinctly marked than in the 
county. There is little need of legislative power, and 
this is vested in the Trustee, who has also a number of 
executive duties. 



Indiana and the United States. 77 

LEGISLATIVE DEPARTMENT. 

Township Trustee. 

154. As a legislative officer the Trustee, with the 
advice and consent of the County Commissioners, levies 
the tax for township, road, and school purposes, and 
divides the township into road districts. 

EXECUTIVE DEPARTMENT. 

Township Trustee . 

155. The Trustee is elected every two years at the 
regular township election, which is held on the first 

E1 Bond n ' Monday in April of the even-numbered 
years. He is ineligible for more than two consecutive 
terms. He must give bond for twice the amount of 
money which may come into his hands at any time 
during his term. 

156. (1) By virtue of his office the Trustee is 
overseer of the poor, inspector of election and fence- 
Duties, viewer. (2) He receives all money belong- 
ing to the township and pays it out again in a manner 
prescribed bylaw. (3) He approves the bonds and 
audits the reports of the Supervisors of Highways, and 
in case of a vacancy in the office of Supervisor of 
Highways, appoints a person to fill the vacancy. 
(4) He is a member of the County Board of Educa- 
tion and has a vote in the election of County Super- 
intendent of Schools. (5) He has charge of the 
educational affairs of the township, employs the 



78 Civil Government of the State of 

teachers, establishes a sufficient number of schools for 
the education of the children, and provides houses, 
furniture, etc., for them. (6) He makes an annual 
settlement with the Board of County Commissioners 
making a complete report of receipts and expenditures 
of the township during the year. (7) He keeps the 
ballot-boxes used in the general and township elections, 
and supplies the election board with food. (8) He 
keeps a complete record of his official proceedings. 

157. The pay of the Trustee is two dollars for 
each day's service to be paid from the township funds. 

€o uon nsa For his services as overseer of the poor, he 
receives one dollar per day. 

Township Assessor. 

158. The Assessor is elected at the regular town- 
ship election for a term of four years. He must give 

E BoncL n ' bond for three thousand dollars, to be ap- 
proved by the County Auditor. 

159. On the first day of April of each year he re- 
ceives from the County Auditor the assessment blanks 

Duties, for his township. These blanks are delivered 
to every person owning personal property in the town- 
ship, to be filled with the owner's valuation, under 
oath, of the property belonging to him. Every six 
years, beginning with the year 1886, the real estate of 
the township is assessed in the same manner. Before 
the first day of June the Assessor must deliver to the 
County Auditor an alphabetical list of the persons own- 



Indiana and the United States. 79 

ing personal property in the township, with the total 
value of taxables as returned by the owner. He also 
returns the statements received from the persons asses- 
sed. A list of the new improvements made on real 
estate during the year is returned at the same time. 

160. The Assessor is allowed two dollars per day 
for not more than sixty days each year. He may, 

C °t?on ensa ~ a ^ so > appoint as many deputies as are neces- 
sary, who receive the same pay as the Assessor. 

Constables. 

161. A number of Constables equal to the number 

of Justices of the Peace is elected in each township. 
M $£d*' They hold office for two years, and give 
bond for one thousand dollars each. 

162. The Constable is the executive officer of the 
Justice court. He serves all warrants, subpoenas and 

Duties. other papers handed to him by the Justice, 
preserves order during the progress of a trial and 
enforces the legal orders of the Justice. If an execu- 
tion is issued against the property of a person he levies 
the execution and must make at least one effort to sell 
the property. It is his duty to arrest and take before 
the nearest Justice any person who may violate the 
law in his presence, and charge him under oath with 
the violation. 

163. The compensation of Constables is made up 

Compensa- wholly of feeg> 



80 Civil Government of the State of 

Supervisors of Highways. 

164. At each township election one Supervisor is 
elected for each road district. They hold office for 

E BonS?" two years and give bond for two hundred 
dollars each. 

165. The Supervisor carries into effec the orders 
of the Trustee concerning the roads and bridges of his 

Duties. district. For not less than two nor more 
than four days in each year he calls out the able-bodied 
male persons between twenty-one and sixty years of 
age to work on the roads of the district. Any person 
may instead of working pay one dollar and twenty-five 
cents per day as road tax. If any person refuses to 
work or to pay the tax he may be sued for the amount. 
The Supervisor makes a report of his proceedings to 
the Trustee. 

166. The Supervisor is allowed one dollar and fifty 
Coi tion nsa " cents for each day's necessary service. 

JUDICIAL DEPARTMENT. 

Justices of the Peace. 

167. The number of Justices for each township is 
fixed by the County Commissioners. It can not ex- 

N Te?m. r * cee d two for each township, one additional 
for each incorporated town, and two additional for 
each city. The term is four years and the bond is 
fixed by the Clerk of the Circuit Court. 

168. In civil cases the jurisdiction of Justices is 



Indiana and the United States. 81 

limited to the township in which they live. They have 
Jurisdiction, exclusive original jurisdiction in cases where 
the amount sued for does not exceed one hundred dol- 
lars, and concurrent jurisdiction with the Circuit Court 
where it does not exceed two hundred dollars. In 
criminal cases they have exclusive original jurisdiction 
where the* fine does not exceed three hundred dollars, 
and concurrent jurisdiction with the Circuit Court in 
all cases punishable by fine. They may assess a fine 
of not more than twenty-five dollars. 

169. On the affidavit of a person charging another 
with |he commission of a crime, the Justice issues a 

^Arrest 1 . 1 ' warrant for the arrest of the person so 
charged. This warrant is delivered to any Constable, 
who arrests the accused and brings him before the 
Justice for trial. If any serious crime, as murder, 
is committed when the grand jury is not in session, 
and there is danger of the offender escaping from 
justice, he may be brought before a Justice for a pre- 
liminary examination. The Justice may require him 
to give bail for his appearance at the next term of the 
Circuit Court, or he may commit him to jail without 
bail. 

170. Each Justice is required to keep a record of all 
suits and charges brought before him in a book pro- 
Docket, vided by the County Commissioners. This 

constitutes the official record of his court and is called 
the docket. The pay of Justices is wholly in fees, 

6 



Civil Government of the State of 



REVIEW QUESTIONS. 

1. How are the boundaries of townships arranged? 

2. Make a list of the townships of your county. 

3. What is said of the legislative power of town- 
ships ? 

4. Tell of the election, term, etc., of the Town- 
ship Trustee. 

5. Name some of the principal duties of the 
Township Trustee. 

6. What is the pay of the Trustee? 

7. Who is Trustee of your township? 

8. Tell of the election, etc., of the Assessed. 

9. What is meant by " assessing " property, and 
how is it done? 

10. When, and how often, is real estate assessed? 

11. What are the Assessor's duties? 

12. Who is Assessor of your township? 

13. What is the pay of Assessors? 

14. How many Constables are there in each town- 
ship ; how many in your township? 

15. What are the duties of Constables? 

16. How do Constables get their pay? 

17. Name the Constable of your township. 

18. Tell of the election, etc., of Supervisors of 
Highways. 

19. What are their duties? 

20. Are Supervisors of Highways elected in cities 
and towns? 



Indiana and the United States. 83 

21. Who fix the number of Justices of the Peace? 

22. How many Justices are there in your township ? 

23. How long do they hold office? 

24. Tell about the jurisdiction of Justices. 

25. What is an affidavit? 

26. How is a person brought before a Justice? 

27. Suppose a person commits murder when the 
grand jury is not in session, how can he be kept from 
escaping? 

28. What is the docket, and by whom is it kept? 

29. How are Justices paid? 

30. Name the Justices of your township. 



CHAPTER X. 

CIVIL GOVERNMENT OF CITIES AND TOWNS. 

171. When people collect in such numbers as to 
form cities and towns, a different form of government 
N o e th e e S r Si forSs ^ rom the ordinary township government is 
of ment. rn " needed. A number of matters which are 
not found in the township, require attention. The 
streets must be kept in better condition, and sidewalks 
must be built ; policemen must be employed to pre- 
serve order ; fire companies must be organized to pre- 
vent destructive fires ; in the larger cities, street-rail- 
ways, water-works, gas-works, etc., must be estab- 



S4 Civil Government of the State of 

lished and regulated by law. The General Assembly, 
therefore, has provided for the incorporation of cities 
and towns under a general law. 

172. A town may be incorporated in the following 
manner : A map of the territory to be included in the 
lD o C f°a P town? town is made, and with the census of the 
town, is exhibited in a public place for at least twenty 
days. An application must then be made to the Board 
of County Commissioners for the incorporation of the 
town. This application must be signed by at least 
one-third of the legal voters. The Board then orders 
an election to be held on the question of incorporation, 
and if a majority vote in favor of the proposition, the 
Commissioners at their next meeting declare the town 
incorporated according to law. 

173. Incorporated towns having a population of 
Cities, two thousand people or more may become 

cities by a vote of the legal voters of the town. 

THE CITY. 

174. In the city we find the powers of government 

distributed according to the following outline : 

Legislative, Common Council. 
f Mayor. 
Clerk. 
Treasurer. 
Executive -j Marshal. 

I Street Commissioner. 
I Engineer. 
[ School Trustees. 
r Mayor. 
Judicial -J City Judge. 

( City Attorney. 



Indiana and the United States. 85 

175. The Councilmen, Mayor, Clerk, Treasurer, 
Marshal and Judge are elected by the qualified voters 
City Election, at the regular city election, which is held 
on the first Tuesday in May. The term of each of 
these officers is two years. 

LEGISLATIVE DEPARTMENT. 

Common* Council.* 

176. For the election of Councilmen the city is di- 
vided into wards, and two councilmen are elected from 

Wards. each ward, one retiring each year. The 
Councilmen must be residents of the ward from which 
they are chosen. 

177. The Council must hold regular meetings at 
least twice a month. A majority of the members con- 
Meetings, stitutes a quorum. The Mayor is the pre- 
siding officer, and in case of a tie in the Council has 
the casting vote. 

178. The General Assembly has given to the Coun- 
cil the power to make laws on matters which concern 

Ordinances, the peace, health or safety of the residents 
of the city. These laws are called city ordinances, and 
the Council may provide, by fine or imprisonment, for 
the punishment of those who violate them. 



* The law provides that the legislative bodies of cities incorpo- 
rated under the general law and containing a voting population of 
fifteen thousand, may consist of two houses — the Common Council 
and the Board of Aldermen. All ordinances must be passed by 
both houses before becoming a law. 



86 Civil Government of the State of 

179. The Council has control of the finances and 
property of the city. It fixes the salaries of all the 
other Powers, city officers. By a two-thirds vote it may 
expel a member, or may remove any city officer from 
office. It appoints those of the city officers who are 
not elected by the people. It levies taxes for city 
purposes, and, with the Clerk and Township Assessor, 
forms the City Board of Equalization. It may provide 
for the erection of water-works, the improvement of 
streets and alleys and other necessary works. 

EXECUTIVE DEPARTMENT. 

Mayor. 

180. The Mayor is the chief executive officer of 
the city. It is his duty to see that the ordinances of 

Duties. the city are faithfully executed. He signs 
all commissions, licenses and permits granted by the 
Common Council ; signs all orders drawn upon the 
Treasurer by the Clerk ; has charge of the city seal, 
and has general supervision over the subordinate offi- 
cers of the city. 

City Clerk. 

181. The Clerk has the custody of all books and 
papers belonging to the city. He attends the meet- 
Duties, ings of the Council and records the proceed- 
ings of that body. He countersigns and registers all 
licenses, permits, etc., of the Council. He draws and 
countersigns orders upon the Treasurer for money 



Indiana and the United States. 87 

drawn from the city treasury according to law. He 
keeps account in books furnished for the purpose, of 
all receipts and expenditures of the city government. 
He makes out a tax duplicate for the city similar to 
the one made by the County Auditor, and delivers it 
to the City Treasurer for collection. 

City Treasurer. 

182. The Treasurer keeps at his own risk all funds 
belonging to the city, and pays them out only on or- 

Duties. ders signed by the Mayor and countersigned 
by the Clerk. He collects all city taxes and may sell 
property upon which the taxes become delinquent in 
the same manner as the County Treasurer. On the 
last day of each month he furnishes to the Clerk a 
statement of the financial affairs of the city, and de- 
livers all orders redeemed during the month. Before 
each annual election he makes a report of the receipts 
and expenditures for the preceding year and of the 
general condition of the treasury. 

City Marshal. 

183. The Marshal executes all processes and orders 
of the Mayor, the City Judge, or the Council. He 

Duties. arrests and commits to jail persons who 
commit crime, or who violate the city ordinances. He 
attends the City Court or Justice's Court where he has 
served the processes, and preserves order therein. He 
suppresses riots and breaches of the peace. He also 



88 Civil Government of the State of 

has the jurisdiction and authority of a Constable, and 
may receive a Constable's fees while so acting. 

184. The Street Commissioner and City Engineer 
are appointed by the Council for a term of two years, 

Officers Ap- but maybe removed at anytime. The 
poi CounciL ° Street Commissioner superintends the re- 
pairs, lighting, etc., of the streets. The City Engi- 
neer makes plans and estimates of proposed public 
improvements when directed by the Council, and su- 
perintends the opening of the new streets. The 
Council also appoints, at its first meeting after the 
annual election, a Chief of the fire department, a Board 
of Health consisting of three members, and if they 
think necessary, a Sealer of weights and measures, and 
a number of Supervisors of streets to act under the 
direction of the Street Commissioner. At the first 
meeting; in June of each vear the Council elects a 
member of the Board of School Trustees for a term of 
three years. 

JUDICIAL DEPARTMENT. 

Mayor. 

185. The Mayor is the chief judicial officer of the 
city. Acting as such, he must hold a city court every 

M Co y urt. s day, except Sunday, and while sitting as such 
court he has exclusive jurisdiction in all prosecutions 
for violation of the city ordinances. He also has the 
jurisdiction and powers of a Justice of the Peace, and 
has the additional power of making imprisonment for 



Indiana and the United States. 89 

not more than thirty days a part of his sentence. He 
must keep a docket as Justices do, and in case of sick- 
ness or absence from the city of five days duration, 
the docket must be deposited with some Justice of the 

city. 

City Judge. 

186. In cities having a % population of over six 
thousand inhabitants the Common Council may order 

^ourt . 11, a City Judge to be elected by the voters of 
the city, to serve for a term of four years. The 
Judge is commissioned by the Governor of the State, 
and has original concurrent jurisdiction with Justices 
of the Peace in civil matters. 

City Attorney. 

187. This officer is appointed by the Council for a 
term of two years. He is the legal adviser of the city 

Duties, etc. officers, and advises the Council upon mat- 
ters in reference to the action of the Council. He pros- 
ecutes actions in favor of the city, and defends actions 
brought against the city. He receives a salary and 
fees. 

The Town. 

188. The form of government of incorporated 
towns is much the same as that of cities. The legis- 
lative power is vested in a Board of Trustees, varying 
in number from three to seven, who are elected for a 
term of two years. This body mav make ordinances 



90 Civil Government of the State of 

for the government of the town, but its power is much 
more limited than that of the City Council. There is 
no Mayor, and the Board of Trustees elects its own 
presiding officer. A Clerk, Treasurer and Marshal 
are elected for a term of one year each, and their du- 
ties are similar to the city officers of the same name.. 
The same person may hold the offices of Clerk and 
Treasurer. No provision is made for a judicial de- 
partment, but persons violating the town ordinances 
may be prosecuted before any Justice of the Peace in 
the town. The regular town election is held on the 
first Monday in May. 

REVIEW QUESTIONS. 

1. Why are city governments necessary? 

2. How are towns incorporated? 

3. State how a town may become a city. 

4. Name the officers of each department of the 
city government. 

5. When is the regular citv election held? 

6. What officers are elected by the people? 

7. Tell what is said of the election of Councilmen. 

8. What is said of Council meetings? 

9. What do you mean by city ordinances? 

10. Name some of the powers of the City Coun- 
cil. 

11. What is said of the duties of the Mayor? 

12. Tell of the duties of the Clerk. 



Indiana and the United States. 91 

13. Tell of the duties of the Treasurer. 

14. Tell of the duties of Marshal. 

15. Name the officers who are elected by the Coun- 
cil, and give the duties of each. 

16. What is said of the Mayor as a judicial officer? 

17. Tell what you can of the election and duties of 
the City Judge. 

18. By whom is the City Attorney elected? 

19. What are his duties? 

20. What is the legislative body of the incorpo- 
rated towns called ? 

21. How does the town differ from the city? 

22. Do you live in a city, or incorporated town? 

23. How many cities in your county ; how many 
incorporated towns? 

24. If you live in a city or town, make a list of the 
persons* now holding city offices. 



PAET III. 
CIVIL GOVERNMENT of the UNITED STATES. 



OUTLINE. 

f House of Representa- 
' Legislative «{ Congress, j tives. 



Civil Govern- 
ment of the 
United States. 



Executive 



f President. 

\ Vice-President. 



| Senate. 

L Vice-President. 



( Supreme Court. 
Judicial -j Circuit Courts. 
(^District Courts. 



CHAPTER XI. 



LEGISLATIVE DEPARTMENT. 

189. All National legislative power is vested in 
How vested. Congress, which consists of two houses — the 

House of Representatives and the Senate. 

House of Representatives. 

190. The number of Representatives is determined 
by Congress. They are apportioned among the sev- 
porSonment." era l States according to the number of in- 
habitants, excluding Indians not taxed. Each State is 
divided into congressional districts and one Repre- 

(92) 



Indiana and the United States. 93 

sentative is elected from each district. The number 
of Representatives can not exceed one for each thirty 
thousand people. The number in the present House 
of Representatives is three hundred and twenty-five, 
and the proportion of Representatives to inhabitants is 
one to each 154,325. 

191. The Representatives are chosen by the voters 
of the States. Any person qualified to vote for a 

Ho Term°. sen * member of the lower branch of the State 
Legislature may vote for Representative. The term 
is two years. 

192. In order to be a Representative a person must 
be twenty-five years of age, must have been for seven 

Q Sonf. ca " years a citizen of the United States, and at 
the time he is elected must be an inhabitant of the 
State from which he is chosen. 

193. The House chooses its own officers. The 
principal officer is the Speaker, who is chosen from 

Officers, the members. His duties are similar to 
those of the Speaker of the State House of Repre- 
sentatives. He presides over the meetings, and ap- 
points the members of the various committees. Other 
important officers are the Clerk, Sergeant-at-Arms, 
Doorkeeper, and Chaplain. These officers are not 
members of the House. 

194. In addition to the members elected from the 
States, one Delegate is chosen from each organized 

Delegates. Territory. He may engage in debate, but 
has no vote. 



94 Civil Government of the State of 

195. Two powers belong exclusively to the House. 
All bills for raising revenue must originate there, and 

powers, when any officer of the United States is 
impeached the articles of impeachment must be pre- 
pared by its members. 

Senate. 

196. The Senate is composed of two Senators from 
Co Ei P e°ction n ' each State. They are elected by the State 
Legislatures for a term of six years. 

197. In order to be a Senator a person must be 
thirty years of age, must have been for nine years a 

Qu tions Ca " citizen of the United States, and when 
elected, must be an inhabitant of the State from which 
he is chosen. 

198. The presiding officer of the Senate is the 
Vice-President of the United States. He has no vote 

Officers. unless the Senate is equally divided. The 
Senate committees are not appointed by the President 
of the Senate, but are made up by the Senators in 
caucus. The Senate elects one of its members Presi- 
dent pro tempore , to serve during the absence of the 
Vice-President. It also has power to elect its other 
officers. 

199. The Senate has the sole power of trying im- 
peachments. When sitting for that purpose the Sen- 
impeachment, ators are under oath. A majority of two- 
thirds of the members present is necessary for con- 
viction. 



Indiana and the United States. 95 

PROVISIONS COMMON TO BOTH HOUSES. 

200. Congress meets every year, beginning on the 
first Monday in December. As the Eepresentatives 

Meetings, are elected every two years, the two ses- 
sions following each election are called "A Congress." 
Extra sessions may be called by the President of the 
United States at any time. 

201. Neither house can, without the consent of the 
other, adjourn for more than three days, nor to any 
Adjournment, other place than that in w T hich the two 
houses shall be sitting. 

202. Each house is the judge of the election re- 
turns, and qualifications of its own members. A ma- 
MeS^bers^etc. J or *fcy °f eac ^ * s a quorum to do business, 
and a smaller number may adjourn from day to day 
and compel the attendance of absent members in such 
manner and under such penalties as each house may 
provide. Each house must keep and publish a journal 
of its proceedings. 

203. Members of Congress are paid from theUnited 
States Treasury. The salaries of both Senators and 

C °tion nsa " Representatives are at present five thousand 
dollars per year with mileage at the rate of twenty 
cents per mile. The Speaker of the House of Eepre- 
sentatives and the President of the Senate each receive 
eight thousand dollars per year. 

204. No Senator or Representative can, during the 
time for which he was elected, be appointed to any civil 



96 Civil Government of the State of 

Prohibitions, office under the authority of the United 
States which has been created or the compensation of 
which has been increased during such time ; nor can 
any one holding office under the United States become 
a member of either house during his continuance in 
office. 

205. The manner of making laws in Congress is 
about the same as in the State Legislature. Ev- 
MakingLaws. ery bill, in order to become a law, must 
pass both houses. It is then sent to the President, 
who has the same right to veto bills that the Governor 
has to veto the bills of the General Assembly. The 
President is given ten days to sign or veto each bill. 
If he vetoes it, a majority of two-thirds in each house 
is necessary to pass it over his veto. If he keeps the 
bill for more than ten days, Sundays excepted, it be- 
comes a law without his signature. 

POWERS OF CONGRESS. 

Congress has power — 

206. To lay and collect all taxes,* duties, imposts, 
and excises to pay the debts and provide for the corn- 
Taxes, etc. mon defense and general welfare of the 

United States ; but all duties, imposts and excises shall 
be uniform throughout the United States ; 

♦There are two classes of taxes — direct and indirect. Direct 
taxes are those which are levied directly upon property or per- 
sons. Indirect taxes include duties, imposts and excises. Duties 
are taxes laid on imported goods. Imposts are about the same as 
duties. Excises are duties laid upon goods manufactured and 
consumed in the same country. 



Indiana and the United States. * 97 

207. To borrow money on the credit of the United 

Borrow Qfafoc . 

Money. OiaieS , 

208. To regulate commerce with foreign nations, 
Commerce. ar) d among the several States and with the 

Indian tribes ; 

209. To establish a uniform rule of naturalization,* 

Naturaliza- and Ulliform laWS On the Subject of bank- 
Bankruptcy, ruptcy in the United States ; 

210. To coin money ; to regulate the value thereof 
Money. and of foreign coin ; and fix the standard 

of weights and measures ; 

211. To provide for the punishment of counter- 
Cou ?n|! feit " f eiting the securities and current coin of the 

United States ; 

212. Posto-ffices. To establish post-offices and post- 
roads ; 

213. To promote the progress of science and use- 
ful art, by securing for limited times to authors and 

Co P e yHght n s d inventors the exclusive right to their writ- 
ings and discoveries ;f 

♦Before becoming citizens of the United States foreign born 
inhabitants must be naturalized. Congress has provided for 
their naturalization as follows: The person must first make, un- 
der oath, before a court, a declaration that it is his intention to 
become a citizen of the United States. Not less than two years 
after his declaration of intention, and after he has lived five years 
in the United States and one year in the State in which he wishes 
to become naturalized, before a court he renounces his allegiance 
to all other governments and promises to support the Constitution 
of the United States. He then becomes a citizen. 

t Patents are secured by sending to the Commissioner of Pat- 
ents a description and model of the invention. If it is found that 
no similar article has been patented, a patent is issued. Patents 
are issued for seventeen years, and the cost is thirty-five dollars. 
7 



98 Civil Government of the State of 

214. To establish inferior tribunals to the Supreme 

Inferior p nnr f . 
Courts. VyOUIt, 

215. To define and punish felonies committed on 
the M°gh seas! the high seas, and offenses against the laws 
of nations ; 

216. To declare war, grant letters of marque and 
War. reprisal,* and make rules concerning cap- 
tures on land and water ; 

217. To raise and support armies; but no appro- 
Raise armies, priation of money to that use shall be for 
a longer term than two years ; 

218. Navy. To provide and maintain a navy ; 

219. To make rules for the government and regu- 
R Forces. r lation of the land and naval forces ; 

220. To provide for calling forth the militia to ex- 
Ca miiftia. rth ecute the laws of the Union, suppress in- 
surrections and repel invasions ; 

221. To provide for organizing, arming and dis- 
ciplining the militia, and for governing such part of 

0r miSitia. g it as ma y ^ e employed in the service of the 
United States, reserving to the States respectively 
the appointment of the officers and the authority of 

Copyrights are secured by sending to the Librarian of Congress 
two copies of the book or drawing. Copyrights are issued for 
twenty-eight years, and may be renewed for fourteen years longer. 

* Letters of marque and reprisal are letters issued by the gov- 
ernment to private persons, authorizing them to go beyond the 
borders of the country and capture the property of subjects of 
another nation. If the bearers of these letters are captured by the 
enemy they are treated as prisoners of war and not as pirates, as 
they would be considered if they did not have the letters of marque 
and reprisal. 



Indiana and the United States. 99 

training the militia according to the discipline pre- 
scribed by Congress ; 

222. To exercise exclusfVe legislation in all cases 
whatsoever over such district,* (not exceeding ten 

Government, miles square ) , as may, by cession of par- 
ticular States and the acceptance of Congress, become 
the seat of government of the United States, and to 
exercise like authority over all places purchased, by 
the consent of the Legislature of the State in which 
the same shall be, for the erection of forts, magazines, 
arsenals, dock-yards, and other needful buildings ; and 

223. To make all laws which shall be necessary 
and proper for carrying into execution the foregoing 
^ntoefrJctT 8 powers, and all other powers vested by the 
Constitution in the government of the United States, 
or any department or office thereof. 

PROHIBITIONS UPON THE UNITED STATES. 

224. The privileges of the writ of habeas corpus 
Habeas Corpus ( see page 15,) shall not be suspended, un- 
less, when in case of rebellion or invasion, the public 
safety may require it. 

225. No bill of attainder! or ex post facto law 
Bill of Attain- shall be passed. 

der. Ex post 

facto law. 

♦This district is called the District of Columbia, and was origin- 
ally ten miles square: it was ceded to the United States in 1790 by 
Maryland and Virginia. In 1S46 the territory ceded by Virginia 
was given back, leaving the district with its present boundaries. 

fA bill of attainder is a law inflicting death on a person, and 
declaring his property forfeited to the Government, when he has 
not been'convicted before a court. 



100 Civil Government of the State of 

226. Direct taxes must be laid in proportion to the 
Taxes, export, census. No taxes are to be laid on articles 

etc. 

exported from any Stafe. No preference is to be 
given in the matter of commerce to the ports of one 
State over another. A ship bound to one port is not 
obliged to pay the necessary entrance fees at any inter- 
mediate port. 

227. The money in the treasury can be drawn out 
only when appropriated by Congress. This places the 

Ap t P ion^ ia " control of the national finances entirely in 
the hands of the legislative department. At every 
session of Congress appropriation bills are passed to 
pay the expenses of the government during the com- 
ing year. 

228. No title of nobility can be granted by the 
United States ; nor can anyone holding office, without 

NobSity. the consent of Congress, accept any gift, 
title or office from a foreign sovereign or nation. 

PROHIBITIONS UPON THE STATES. 

229. A number of prohibitions are placed upon 
the States relating principally to the powers which 
are given to the general government. Among these 
are the following : No State shall enter into any treaty, 
alliance or confederation : grant letters of marque and 
reprisal ; coin money ; emit bills of credit ; that is, 
issue notes to be used as money ; make anything but 
gold or silver a legal tender in payment of debts ; pass 
any bill of attainder, ex post facto law or any law 



Indiana and the United States. 101 

which would release a person from his obligations ; or 
grant any title of nobility. The States are also pro- 
hibited from laying any duties on imports or exports, 
except a small tax to pay for the inspection of certain 
articles which are liable to be adulterated, and these 
laws must be subject to the revision and control of 
Congress. Neither can any State lay tonnage duties, 
that is duties on ships for the number of tons they 
carry, nor can they keep troops or ships of war in time 
of peace, enter into any agreement with the States or 
nations or engage in war except in case of rebellion or 
invasion. 

REVIEW QUESTIONS. 

1 . In whom is all National legislative power 
vested? 

2. Of what two houses does Congress consist? 

3. How are Representatives apportioned? 

4. What is the proportion of Representatives to 
inhabitants ? 

5. How many members in the House cf Repre- 
sentatives ? 

6. Who is our Representative? 

7. How and for how long are Representatives 
elected ? 

8. What are the qualifications for Representative? 

9. What is said of the officers of the House? 

10. Who is Speaker of the House at present? 

11. What are delegates, and what rights have they? 



102 Civil Government of the State of 

12. What two special powers has the House? 

13. How many Senators are there from each State? 

14. How many members of the Senate are there? 

15. How and for how long are Senators elected? 

16. Who are the Senators from Indiana, and when 
do their terms expire? 

17. What are the qualifications for United States 
Senator? 

18. Who is the presiding officer of the Senate? 

19. What is said of the Senate committees? 

20. What power has the Senate regarding impeach- 
ment ? 

21. When and how often does Congress meet? 

22. What is meant by "A Congress?" 

23. What is the number of the present Congress? 

24. What is said of adjournment? 

25. What power has each house over its members? 

26. What is the salary of members of Congress? 

27. What is the salary of the Speaker of the House 
and the President of the Senate? 

28. What prohibition is placed on the members re- 
garding office-holding? 

29. Explain how laws are made. 

30. Give ten of the most important powers of Con- 
gress. 

31. What are duties; imposts; excises; direct 
taxes ? 

32. How may a foreign born person become a cit- 
izen? 



Indiana and the United States. 103 

33. Tell how patents and copyrights are secured. 

34. What are letters of marque and reprisal? 

35. Give some of the prohibitions on the United 
States. 

36. What is a bill of attainder? 

37. What are some of the prohibitions placed upon 
the States? 



CHAPTER XII. 

EXECUTIVE DEPARTMENT. 

President. 

230. All National executive power is vested in the 
President of the United States. He, together with the 
Vice-President, is elected for a term of four years in 
the following manner : 

231. In each State a number of electors, equal to 
the number of Representatives and Senators of the 

Electors. State in Congress, is appointed in such a 
manner as the Legislature may direct. The electors 
are now elected on a general ticket by direct vote of 
the people. In some States, however, they have been 
appointed by the Legislatures. The time for the se- 
lection of electors is fixed on the lirst Tuesday after 
the first Monday in November. No Senator or Repre- 
sentative or person holding an office of trust or profit 
under the United States can be an elector. 



104 Civil Government of the State of 

232. On the first Monday in December the electors 
chosen in each of the States meet at some place, gen- 

^fectors / ©rally the capital of the State, and proceed 
to vote by ballot for the President and Vice-President, 
one of whom must not be an inhabitant of their own 
State. Three lists of the vote are made and sealed ; 
one is sent by a special messenger to the President of 
the Senate, to be delivered before the first Wednesday 
in January following ; another is sent by mail to the 
President of the Senate, and a third is deposited with 
the Judge of the United States Court of the district in 
which the electors meet. 

233. On the second Wednesday in February the two 
houses of Congress meet in joint session for the purpose 
of counting the votes. The President of the Senate 
presides and opens the lists of electoral votes in the 
0oU T t o i t n eI the presence of both houses. The votes are then 
counted by tellers appointed from both houses. The 
person receiving a majority of the votes for President 
is declared elected President, and the one receiving a 
majority of the votes for Vice-President is declared 
elected to that office. 

234. If no one has received a majority of the votes of 
all the Electors appointed , the House of Representatives* 

Election of proceeds at once to the election of a Presi- 

&! House o? dent. The election must be made from 

^ives? a " the three persons having the largest num- 

* Two Presidents have been elected by the House of Represen- 
tatives : Thomas Jefferson in 1801 and John Quincy Adams in 
1825. 



Indiana and the United States. 105 

ber of electoral votes. Two-thirds of the States must 
be represented ; each State has one vote, and the per- 
son elected must secure the votes of a majority of the 
States. If no person is elected President by the fourth 
day of March, the Vice-President becomes President. 

235. If no one has received a majority of the elec- 
toral votes for Vice-President, the right of election 
v?ce e -PreSd e f nt S oes to the Senate.* The selection must 

Senate. be raa( 3e between the two persons having 
the highest number of votes. Two-thirds of the Sen- 
ators must be present, and a majority of the whole 
number of Senators is necessarv to a choice. 

236. The present method of electing the President 
and Vice-President was adopted in 1804 as an amend- 

me r tfod al of ment to the Constitution. By the original 
pJesldfnt! 16 article, the Electors each voted for two 
persons for President, the one receiving the highest 
number of votes, providing he received a majority of 
all the votes, became President ; and the one receiv- 
ing the next highest became Vice-President. If two 
persons received a majority and the same number of 
votes, the House of Representatives chose one of 
them President. If no one received a majority, from 
the five highest on the list, the House of Representa- 
tives chose the President If after the choice of 
President there were two or more having equal num- 

* But one Vice-President has been elected by the Senate : Rich- 
ard M. Johnson in 1837. 



106 Civil Government of the State of 

bers of votes, the Senate chose one of them Vice- 
President. 

237. When the electoral system was adopted it 
was intended that each elector should use his personal 

intention of judgment in voting for the highest officer 

the Electoral J f „ . . °_ . _. c . _ , _ 

system. m the JSiation, and that the omce should be 
lifted above party strife. It has, however, become a 
mere farce. Each political party nominates its candi- 
dates for President and Vice-President, and the elec- 
tors are chosen wholly with reference to these political 
parties. The result is known long before the meeting 
of the electoral college,* and the meeting of this body- 
is nothing more than a form. 

238. The President may be removed from office on 
conviction, by impeachment, of treason, bribery, or 

Vacancy. other high crimes and misdemeanors. 
Whenever the office becomes vacant by reason of the 
President's removal, death, resignation or inability to 
perform the duties of his office, the Constitution pro- 
vides that the Vice-President shall succeed to the office. 
It also gives to Congress the power to say who shall 
act as President when the offices of President and 
Vice-President are both vacant. The succession was 
formerly given to the President pro tempore of the 
Senate and the Speaker of the House of Representa- 
tives, but a law passed in 1885 provides that the mem- 
bers of the President's Cabinet shall succeed to the 

* The whole body of electors taken together is called the electoral 
college. 



Indiana and the United States. 107 

office in the following order: Secretary of State, Sec- 
retary of the Treasury, Secretary of War, Attorney- 
General, Postmaster-General, Secretary of the Navy, 
and Secretary of the Interior. The acting President 
serves only until the vacancy can be filled by the elec- 
tion of a new President. Electors must be chosen the 
same date and in the same manner as at a regular elec- 
tion, and two months' notice of the vacancy must be 
given to all the States. 

239. Before entering upon the duties of his office 
the President must take the following oath : "I do 
Oath of office, solemnly swear (or affirm) that I will faith- 
fullv execute the office of President of the United 
States, and will, to the best of my ability, preserve, 
protect and defend the Constitution of the United 
States." 

240. The Constitution provides that the salary of 
the President shall be fixed by Congress. It also pro- 

Saiary. vides that this salary shall be neither in- 
creased nor diminished during the time for which the 
President was elected. The salary of the President at 
present is fifty thousand dollars per year. He also 
has the use of the Executive Mansion, or White House. 

241. In order to become President a person must 
be thirty-five years of age, a natural-born citizen of the 

Q tioas? :t ~ United States, and must have been for four- 
teen years a resident within the United States. The 
Presidency and Vice-Presidency are the only offices 
within the gift of the American people which foreign- 
born citizens are prohibited from filling. 



108 Civil Government of the State of 

Powers and Duties of the President. 

242. The President is Commander-in-Chief of the 
army and navy of the United States, and of the mili- 

Co ^-Chfe d f? r " tia of the several States when called into the 
service of the United States. It is not the custom for 
the President to take the field himself. He appoints 
and removes officers, and directs the movements of the 
armies. 

243. He has power to grant reprieves and pardons 
for offenses against the National Government, except 

andPardons. * n cases of impeachment. He can not grant 
pardons or reprieves for violation of State laws. This 
power is given only to the Governors of the States. 

244. By and with the advice and consent of the Sen- 
ate, the President has power to appoint Ministers,* Con- 
suls, f Judges of the United States Courts, and all other 
officers of the United States whose appointment is not 
Appointment, otherwise provided for by the Constitution. 
Congress, however, has power to vest the appointment 
of such inferior offices as it thinks proper in the Pres- 
ident alone, in the courts, or in the heads of depart- 
ments. The President may nominate any person 



* Ministers are officers sent by our government to each of the 
more important foreign nations for the purpose of transacting 
business between our government and the government at which 
they reside. 

t Consuls are officers sent to foreign ports for the purpose of 
attending to such commercial transactions as the government 
may have at that port, and of protecting the rights of seamen and 
merchants. 



Indiana and the United States. 109 

whom he may choose for an office, but the Senate is 
not obliged to confirm his nominations. The nomina- 
tions are sent to the Senate in writing, and are consid- 
ered by that body in secret session.* If a nomination 
made by the President is rejected, he must nominate 
other- persons for the position until one is found who 
is satisfactory to the Senate. If an office becomes va- 
cant while Congress is not in session, the President 
may appoint a person to fill the vacancy. The com- 
mission of the person thus appointed expires at the 
close of the next session, and some time during the 
session the President nominates a person to fill the 
office permanently. The President can not remove an 
officer without the consent of the Senate. He can, 
however, during a recess of the Senate, suspend any 
officer appointed by him, except the Judges of the 
United States Court, until the end of the next session 
of Congress, and appoint another person in the place 
of the suspended officer. 

245. The President has power, by and with the 
advice and consent of the Senate, providing that two- 
Treaties, thirds of the members are present, to make 
treaties with foreign nations. These treaties are gen- 
erally arranged bv ministers or embassadors from this 
country acting under the direction of the President. 
They are then submitted to the Senate for its ratifica- 

* When the Senate is in session for the purpose of considering 
nominations it is said to be in executive session. 



110 Civil Government of the State of 

tion or rejection. For the discussion of treaties the 
Senate meets in secret session. 

246. The Constitution makes it the President's 
duty to give to Congress information of the state of 

Messages, the Union, and to recommend to their con- 
sideration such measures as he may judge necessary 
and expedient. It is therefore the practice for the 
President, at the beginning of each session of Congress, 
to send a message containing reports of each of the 
department officers, and such recommendations as he 
may think proper to make. He also sends such mes- 
sages as may be necessary to either branch during the 
session of Congress. 

247. On extraordinary occasions the President has 
power to convene either or both houses of Congress ; 
Convention or and in case of a disagreement between the 

Adjournment . . %s 

ofCongress. two houses regarding a time of adjourn- 
ment, he may adjourn them to such a time as he may 
think proper. 

248. The Constitution makes it the especial duty 
of the President to see that the laws are faithfully 

E onaws n executed. The executive business of the 
government is so great, and so varied in its character, 
that it is imposible for the President to attend to it 
personally. The business of the government is di- 
vided among seven departments. The heads of these 
departments constitute the President's Cabinet, or 
body of advisers, and are as follows : Secretary of 
State, Secretary of the Treasury, Secretary of War, 



Indiana and the United States. Ill 

Secretary of the Navy, Postmaster-General, Attorney- 
General, and Secretary of the Interior. The Presi- 
dent may require the written opinion of any member 
of the Cabinet, on any subject connected with his de- 
partment, but the President is not obliged to follow 
the advice of the officer. The Cabinet is generally 
appointed by the President immediately after his in- 
auguration, and is confirmed by the Senate in special 
session. The members of the Cabinet each receive a 
salary of eight thousand dollars per year. 

249. The Department of State is generally consid- 
ered the most important of the executive departments. 
D o P f a s r ta D ?e e . nt ^ has charge of all business of the United 
States with foreign nations. Through this department 
the President instructs the consuls and diplomatic 
agents of the nation. The Secretary of State receives 
all foreign ambassadors and presents them to the Pres- 
ident. This department also has charge of the seal of 
the United States. This seal, together with the sig- 
nature of the Secretary of State, is affixed to the proc- 
lamations of the President and other State papers. All 
laws and resolutions of Congress are filed in the State 
Department. 

250. The Department of the Treasury has charge 

of the financial affairs of the nation. It collects all 

Department customs and revenues, pavs out all money 

oftheTreas- 

ury. from the treasury of the United States, coins 

money, has charge of the coast survey, provides for 
the erection of light houses, and superintends the exe- 



112 Civil Government of the State of 

cution of all laws which relate to commerce and navi- 
gation. 

251. The Department of War has charge of the 
military affairs. It exercises control over the army of 

De o P f a w^? nt tlie United States, furnishes supplies and 
equipments for the troops, superintends their payment, 
has charge of the construction of arsenals, hospitals 
and armories, and has the care of the military academy 
at West Point. The signal service and system of 
weather reports are connected with this department. 

252. The Department of the Navy has charge of 
the naval forces of the Nation. It attends to the 

offheNavy* building, purchase and repair of all gov- 
ernment vessels, has control of navy-yards and dock- 
yards, and sees to the supplies and equipment of ves- 
sels and seamen. It also has the care of the naval 
academy at Annapolis. 

253. The Postoffice Department has the care of all 
matters connected with the United States mail. It 
Department, establishes or discontinues postoffices, se- 
lects post routes, appoints all postmasters whose sal- 
aries are less than one thousand dollars per year, re- 
ceives reports from all postmasters, and furnishes 
stamps, postal cards, etc. 

254. The Department of Justice, of which the 
Attorney-General is the head, has charge of all legal 

^JusTice. 1 " affairs concerning the United States. The 
Attorney-General prosecutes all suits in the Supreme 
Court to which the United States are a party ; he gives 



Indiana and the United States. 113 

legal advice when requested to the President, or to the 
heads of the departments, on business connected with 
their departments ; he has superintendence over. United 
States District Attorneys and Marshals, and receives 
reports from them. 

255. The Department of the Interior has charge 
of such domestic business as is not distributed among 

Department the other departments. It has charge of 
interior. the public lands of the United States, dis- 
tributes pensions, grants patents, exercises control 
over the Indian tribes, and superintends the taking of 
the United States census every ten years. The Bu- 
reau of Education is a part of this department. 

Vice-President . 

256. The Vice-President is not, properly speaking, 
an executive officer. His only duty is to preside over 
the Senate. The office was created merely to provide 
for the succession to the Presidency in case of a va- 
cancy in that office. The qualifications necessary for 
Vice-President are the same as for President. His 
salary is fixed by Congress, and is at present eight 
thousand dollars per year. 

REVIEW QUESTIONS. 

1. In whom is all national executive power vested, 
and for how long is he elected? 

2. What are electors ; how many in each State ; 
how many in Indiana? 



114 Civil Government of the State of 

3. How and when are the electors appointed? 

4. When do the electors of each State meet? 

5. Give an account of the proceedings of the 
electors. 

6. When does Congress meet for the purpose of 
counting the votes ? 

7. Give an account of the proceedings of Con- 
gress on this occasion. 

8. When and how does the House of Representa- 
tives elect the President? 

9. Name the Presidents who have been elected by 
the House of Representatives. 

10. When and how does the Senate elect the Vice- 
President ? 

11. What Vice-President was elected by the Sen- 
ate? 

12. How does the present method of electing the 
President and Vice-President differ from the original 
method ? 

13. What was the intention of the originators of 
the electoral system, and how is that now defeated? 

14. How may the Presidency become vacant? 

15. Who becomes President in case it is vacant? 

16. Who succeed to the Presidency, and in what 
order if the offices of President and Vice-President 
are both vacant ? 

17. How long does the acting President serve? 

18. What oath does the President take before en- 
tering; on the duties of his office? 



Indiana and the United States. 115 

19. What is the salary of the President and how 
may it be changed? 

20. What are the qualifications necessary for Pres- 
ident? 

21. What power has the President in connection 
with the army? 

22. What is said of the President's power con- 
cerning reprieves and pardons? 

23. What appointments does the President make? 

24. What has the Senate to do with the President's 
appointments? 

25. What are ministers? Consuls? 

26. If an office becomes vacant during a recess of 
Congress, how is it filled? 

27. Tell of the President's power concerning treat- 
ies. 

28. What are Presidents' Messages? When are 
they sent, and what do they contain ? 

29. When may the President convene Congress? 
When may he adjourn it? 

30. Among what departments is the executive bus- 
iness divided, and who are the heads of these depart- 
ments? 

31. What do you mean by the President's Cabinet, 
and what are its duties? 

32. Name the members of the present Cabinet. 

33. What is the salary of the Cabinet officers? 

34. Of what class of business does the Department 
of State have charge? The Department of the Treas- 



116 Civil Government of the State of 

ury? The Department of War? The Department of 
the Navy? The Postoffice Department? 

35. Name the duties of the Attorney-General. 

36. Of what class of business does the Depart- 
ment of the Interior have charge ? 

37. What is said of the Vice-President, his duty, 
salary, etc.? 



CHAPTER XIII. 

JUDICIAL DEPARTMENT. 

257. The Constitution vests all judicial power in 
the Supreme Court, and such inferior courts as Con- 
How vested, gress may from time to time establish. Two 

inferior courts, the Circuit Courts and the District 
Courts, have thus far been established. 

258. The Supreme Court consists of a Chief Jus- 
tice and eight Associate Justices. It meets annually, 

S c<?urt? e ' m Washington, beginning on the second 
Monday in October. 

259. The territorv of the United States is divided 
into nine circuits,* and in each of these a Circuit Judge 

Circuit Court, is appointed. Each of the Supreme Judges 
is also assigned to a circuit, and must hold court in 
the circuit at least once in two years. 

* The States composing the circuits are as follows : 
First Circuit — Maine, New Hampshire, Massachusetts, and 
Rhode Island. 



Indiana and the United States, 117 

260. These circuits are divided into districts, in 
each of which is a District Judge. There are fifty- 

Courts* eight District Courts in the United States, 
each State having at least one district. Besides the 
District Judges, there are also appointed for each dis- 
trict a District Attorney and a United States Marshal. 

261. All United States Judges are appointed by 
the President with the advice and consent of the 
^Judg^ 163 Senate. Their term of office is for life,* or 
during good behavior. They may be removed from 
office by conviction on impeachment of treason, 
briberv, and other hisrh crimes and misdemeanors. 
Their salaries are fixed by Congress, but can not be 
diminished during their continuance in office. Their 
salaries at present are as follows : Chief Justice of 
the Supreme Court, $10,500 per year; Associate Jus- 
tices of the Supreme Court, $10,000 per year; Cir- 
cuit Judges, $6,000 per year ; District Judges, $3,500 
and $4,000 per year. 

Second Circuit— Connecticut, Vermont, and New York. 

Third Circuit — New Jersey, Peunsj r lvania and Delaware. 

Fourth Circuit — Maryland, Virginia, West Virginia, North Car- 
olina, and South Carolina. 

Fifth Circuit— Georgia, Alabama, Florida, Mississippi, Louisi- 
ana, and Texas. 

Sixth Circuit — Michigan, Ohio, Kentucky, and Tennessee. 

Seventh Circuit — Indiana, Illinois, and Wisconsin. 

Eighth Circuit— Missouri, Iowa, Minnesota, Arkansas, Kansas, 
Colorado, and Nebraska. 

Ninth Circuit — California, Oregon, and Nevada. 

* By act of Congress, when a Judge of any United States Court 
becomes seventy years of age, and has served at least ten years, 
he may retire from service and receive during life the same 
salary that was paid to him at the time of his retirement. 



118 Civil Government of the State of 

262. The United States Courts have jurisdiction 
over all cases in law or equity* arising under the 
Jurisdiction. Constitution, the lawsf of the United States 
or treaties made by authority of the United States ; 
all cases affecting ambassadors, other public ministers 
and consuls ; all cases of admiralty! and maritime ju- 
risdiction ; all cases to which the United States shall 
be a party ; and controversies between States, between 
citizens of different States, betw T een citizens of the same 
State claiming lands under grants of different States, 
and between a State or its citizens and foreign States 
and their citizens or subjects. 

263. The Supreme Court has original jurisdiction 
in all cases affecting ambassadors, other public minis- 
Jurisdiction ters and consuls, and in all cases in which a , 

Court. State is a party. In all the other cases the 
Supreme Court has appellate jurisdiction, both as to 
law and fact, subject to the regulation of Congress. 

264. In connection with this department the Con- 
stitution defines the crime of treason, and gives to 

Treason. Congress the power to declare what its pun- 
ishment shall be. Treason against the United States 

*By cases in equity we mean cases to which the law in its strict 
sense can not be applied. 

tUnder this head comes such cases as counterfeiting, infringe- 
ment of patents, violations of internal revenue laws, and robbery 
of U. S. mails. 

JBy cases of admiralty we mean cases which arise on the sea, 
and not within the jurisdiction of any country. Under this head 
may come cases of piracy, of collision of vessels, or claims made 
upon vessels, or persons traveling on the sea. 



Indiana and the United States. 119 

consists only in levying war against the government, or 
adhering to its enemies, or giving aid or comfort to its 
enemies. Two witnesses to the same act, or confess- 
ion in open court, are necessary to conviction. The 
punishment of treason as fixed by Congress is death 
or imprisonment for not less than five years, and a fine 
of not less than ten thousand dollars. This may be 
changed at any time by act of Congress. No punish- 
ment, however, can be' imposed which will forfeit the 
condemned person's property, except during his life, 
or prevent him from transmitting it to his heirs. 

265. Neither the United States nor any State can 
be sued. Congress has therefore established a Court 

c°iakiis f °^ ^l a i ms consisting of five judges, whose 
business it is to examine all claims brought against the 
United States. If the judges think the claim should 
be granted, they so report to Congress, and Congress 
generally makes an appropriation for the amount 
claimed. If, however, Congress refuses to make the 
appropriation, there is no other remedy. 

REVIEW QUESTIONS. 

1. In whom is the National judicial power vested? 

2. Of whom does the Supreme Court consist? 

3. Make a list of the members of the Supreme 
Court as it now exists. 

4. How many Circuit Courts are there? 

5. In which Circuit do we live? 
ti. Who is our Circuit Judge? 



120 Civil Government of the State of 

7. What Supreme Judge is assigned to our Cir- 
cuit? 

8. How many District Courts in the United States ? 

9. How many in Indiana? 

10. Who is District Judge in this district? 

11. How, and for how long, are United States 
Judges appointed? 

12. How may they be removed from office? 

13. What is said of their salaries? 

14. Give their salaries as they now are. 

\5. Name the cases over which United States Courts 
have jurisdiction. 

16. What are admiralty cases? 

17. In what cases does the Supreme Court have 
original jurisdiction : appellate jurisdiction? 

18. In what does treason against the United States 
consist? 

19. What proof is necessary to convict of treason? 

20. What is the punishment for treason? 

21. What punishment is prohibited? 

22. What is the duty of the Court of Claims? 



CHAPTER XIV. 

MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 

Relations of States and Territories. 
266. Full faith and credit shall be given in each 
State to the public acts, records and judicial proceed- 



Indiana and the United States. 121 

Acts,.Records, ings of every other State. That is, if a 
judicial decision has been made against a person in one 
State, it may be enforced in any other State in the 
Union. Congress has the power to prescribe the man- 
ner in which the acts, records or decisions may be 
proved. 

267. The citizens of each State are entitled to all 
the privileges of the several States. The object of 
Pr dti 1 zen e s! ° f this clause is to provide for an equality of 
citizenship in the States. No State can deny to citi- 
zens of other States the privileges which would belong 
to them were they citizens of the State. 

268. A person charged with treason, felony, or 
other crime, who shall flee from justice, and be found 
Fug ju i sdc 8 e from in anotlier State, shall, on demand of the 
executive authority of the State from which he fled, 
be delivered up, to be removed to the State having 
jurisdiction of the crime. The officers of a State can 
not go beyond its boundaries to arrest a criminal. If 
the criminal is found in another State, the Governor 
of the State from which he has fled may make a requi- 
sition to the Governor of the State in which he is 
found, for the return of the criminal. The request is 
generally complied with, but if the Governor should 
refuse to return the person, there is no method of 
compelling him to do so. 

269. New States may be admitted to the Union by 
Congress, but no new State can be formed within the 

Estates! 1 jurisdiction of another State, nor can any 



122 Civil Government of the State of 

State be formed of two or more States or parts of 
States, without the consent of the Legislatures of the 
States concerned as well as Congress. There are two 
ways in which new States have been admitted to the 
Union. In some cases the people of a Territory have 
formed a constitution and then petitioned Congress 
for admission. In others Congress has taken the first 
step and passed an enabling act admitting the State as 
soon as it had adopted a satisfactory constitution. No 
certain number of inhabitants is necessary for admis- 
sion. It has, however, been the practice not to admit 
a Territory as a State until it has at least a number of 
inhabitants equal to the number required for each Rep- 
resentative in Congress. 

270. Congress has power to make all laws respect- 
ing the territory of the United States, and to dispose 

Territory of of it as it may seem fit. The organized 
states. 6 Territories are under the complete control 
of Congress. The act of Congress providing for the 
organization of a Territory is much the same as a State 
Constitution, except that it is not adopted by the peo- 
ple. It provides for a Territorial Legislature to be 
chosen by the people, and for a Governor, Secretary, 
and judicial officers, to be appointed by the President. 
The citizens of the Territories, however, have no voice 
in the election of the President of the United States, 
and their delegates in Congress have no vote. 

271. The United States shall guarantee to every 
State in the Union a republican form of government, 



Indiana and the United States. 123 

Republican and shall protect them against invasion ; and 
ernment. on application of the Legislature or of the 
Governor, (when the Legislature cannot be convened) 
against domestic violence. As the States are prohib- 
ited from engaging in war, it is but right that the Na- 
tional Government should protect them from invasion ; 
and as it is necessary to the safety of the entire country 
that the people of the States should not be deprived of 
their political rights, it is self -protection which leads 
the National Government to quell insurrections and 
scenes of domestic violence. 

272. The Constitution, all laws of the United States 
made in pursuance thereof, and all treaties made by 
Supreme law. the United States, are the supreme law of 
the land. Any State law, or any clause in a State 
Constitution, which is contrary to national law, is void, 
and must so be declared by the judges of the State 
courts. 

273. The Senators and Representatives, all mem- 
bers of State Legislatures, and all executive and judi- 
Oath of office, cial officers both of the United States and of 
the States, must, before entering upon the duties of 
their offices, take oath or affirmation to support the 
Constitution of the United States ; but no religious 
test shall ever be required to hold any office or public 
trust under the United States. 

Amendments, 

274. Amendments to the Constitution may be pro- 
posed in two different ways, and ratified in two ways. 



124 Civil Government of the State of 

How made. They may be proposed by a two-thirds 
vote in both houses of Congress, or by a convention 
called by Congress, on the application of the Legisla- 
tures of two-thirds of the States. They may be rat- 
ified by the Legislatures of three-fourths of the States, 
or by conventions in three-fourths of the States, as 
Congress may choose. Any portion of the Constitu- 
tion may be amended except that section which gives 
the States equal representation in the Senate. 

275. Fifteen amendments to the Constitution have 
thus far been made. They have all been proposed by 

Number and Congress and ratified by the State Legisla- 

character of ,_. n 

amendments, tures. The nrst ten were adopted in 1791, 
just two years after the adoption of the Constitution, 
and are known as the National Bill of Rights. These 
amendments do not change any provision in the Con- 
stitution. They were added at the request of several 
of the State Conventions to give security against anv 
possible misconstruction of the powers of the General 
Government. The State Bill of Rights, given on page 
13, is in many respects modeled after them. The pro- 
visions of the amendments to the Constitution are as 
follows : 

276. The first amendment prohibits Congress from 
making any law respecting an establishment of reli- 

amendment. g ion > or prohibiting its free exercise ; also 
from abridging the freedom of speech or of the press, 
or the right of the people to assemble peaceably and 
petition the government for a redress of grievances. 



Indiana and the United States. 125 

211 . The second amendment secures to the people 
amendment, the right to keep and bear arms. 

278. The third amendment provides that no soldier 
shall, in time of peace, be quartered in any house 

amendment, without the consent of the owner, and that 
in time of war the quartering of soldiers must be in a 
manner prescribed by law. 

279. The fourth amendment relates to the right of 
amendment, persons to be secure against unreasonable 

searches and seizures, and is identical with paragraph 
19, on page 16. 

280. The fifth amendment provides that no person 
shall be held to answer for a capital or otherwise infa- 

amendment. hious crime, unless on indictment of a grand 
jury, except in cases arising in the land or naval forces, 
or in the militia when in actual service in time of war 
or public danger ; that no person having once been 
acquitted shall be tried again for the same offense ; 
that no person in a criminal case shall be compelled to 
be a witness against himself, nor be deprived of life, 
liberty, or property, without due process of law ; and 
that private property shall not be taken for public use 
without just compensation. 

281. The sixth amendment relates to the rights of 
the accused in criminal prosecutions. He shall have 

amendment. the ri g ht to a speedy and public trial by an 
impartial jury, in the State and district in which the 
crime was committed, to be informed of the nature 
and cause of the accusation, to be confronted with the 



126 Civil Government of the State oj 

witnesses against him, to have compulsory process for 
obtaining witnesses in his favor, and to have counsel 
for his defense. 

282. The seventh amendment provides that in suits 
at common law, where the value in controversy exceeds 

amendment, twenty dollars, the right of trial by jury 
shall be preserved, and that no fact tried by a jury 
shall be otherwise re-examined, in a court of the Uni- 
ted States, than according to the rules of common law. 

283. The eighth amendment provides that exces- 
amendment. s ^ ve bail shall not be required, nor excessive 

fines imposed, nor cruel and unusual punishments in- 
flicted. 

284. The ninth amendment states that the enumer- 
ation of certain rights in the Constitution shall not be 

am^id^nt. construed to deny or disparage others re- 
tained by the people. It was feared by some that 
because certain rights were mentioned in the Constitu- 
tion, those which were not mentioned could be denied 
the people. Hence, this article was inserted in the 
Constitution. 

285. The tenth amendment declares that all pow- 
ers not delegated to the United States by the Consti- 

am^nd^ent. tution, nor prohibited by it to the States, 
are reserved to the States or to the people. 

286. The eleventh amendment was adopted in 
1798. It forbids any United States Court to entertain 

amindmeSt. a su it brought against a State by citizens of 
another State, or of a foreign State. 



Indiana and the United States. 127 

287. The twelfth amendment was adopted in 1804, 
and relates to the election of the President and Vice- 

anwndnaent. President. It has been discussed in Chap- 
ter XII, on page 105. 

288. The thirteenth amendment was adopted in 
1865. It declares that neither slavery nor involuntary 

amendment, servitude, except as a punishment for crime 
whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to 
their jurisdiction. It gives to Congress the power to 
enforce the law by such legislation as may seem proper. 

289. The fourteenth amendment was adopted in 
1868. It consists of five sections. The first section 

amendment, concerns the civil rights of the freedmen. 
The thirteenth amendment declares slavery to be abol- 
ished, but gives no rights to the negro. The four- 
teenth amendment says that all persons born or nat- 
uralized in the United States, and subject to their juris- 
diction, are citizens of the United States and of the 
State in which they reside ; and that no State shall 
make any law which shall abridge the privileges of cit- 
izens of the United States, nor deprive any person of 
life, liberty or property without due process of law, 
nor deny to any person within its jurisdiction the equal 
protection of its laws. The second section provides 
that when the right to vote for National or State officers 
is denied to male persons twenty-one years of age and 
inhabitants of the State, the representation of the State 
shall be reduced in the proportion of those not per- 



128 Civil Government of the State of 

mitted to vote to the whole number of male inhabitants 
twenty-one years of age in the State. The third sec- 
tion prohibits those who, as Federal or State officers, 
took the oath to support the Constitution of the United 
States, and afterwards engaged in rebellion against the 
National Government, from holding certain Federal 
and State offices. Congress may, by a two-thirds vote, 
remove the disability. This has been done in the cases 
of almost all who engaged in the late rebellion. The 
fourth section declares the validity of the public debt, 
but forbids the United States, or any State, to assume 
or pay a debt incurred in rebellion, or to pay for the 
emancipation of slaves. The fifth section gives Con- 
gress the power to enforce the article by appropriate 
legislation. 

290. The fifteenth amendment was adopted in 
1870. It gives the negro an unqualified right to vote. 
amendment. Although the States have a right to fix the 
qualifications of voters, the right of citizens to vote 
shall not be abridged on aocount of race, color, or 
previous condition of servitude. 

REVIEW QUESTIONS. 

1. What provision is made in the Constitution 
concerning the acts, records and judicial proceedings 
of the States? 

2. What is said of the privileges of citizens? 

3. How may a fugitive from justice who has es- 
caped into another State be re-captured? 



Indiana and the United States. 129 



4. What is said of the admission of new States to 
the Union ? 

5. How many inhabitants should a Territory have 
before becoming a State? 

6. What power has Congress over the territory of 
tho United States? 

7. How are Territories governed? 

8. What important political right is denied to cit- 
izens of Territories? 

9. What must the United States guarantee to 
every State? 

10. What is the supreme law of the land? 

11. What officers must take an oath to support the 
Constitution of the United States? 

12. How are amendments to the Constitution pro- 
posed ? How ratified ? 

13. How many amendments have been made? 

14. By what name are the first ten amendments A 
known, and why? 

15. What is said in the first amendment? 

16. What right does the second amendment give 
the people? 

17. What is said in the third amendment of the 
quartering of soldiers? 

18. Of what does the fourth amendment treat? 

19. What rights are given by the fifth amendment? 

20. What rights does the sixth amendment give to 
persons charged with crime? 

9 



1 30 Civil Government of the State of 

21. When may a person demand a jury on a trial 
of a civil case? 

22. What does the eighth amendment say of bail, 
punishment, and fines? 

23. *What is meant by the ninth amendment? 

24. To whom do all powers not delegated to the 
States by the Constitution belong? 

25. When was the eleventh amendment adopted? 

26. What does it prohibit? 

27. When and how was the method of electing the 
President and Vice-President changed ? 

28. When was the thirteenth amendment adopted? 

29. What does it declare concerning slavery? 

30. What does the fourteenth amendment say con- 
cerning civil rights? 

31. What is the remedy when the right to vote is 
denied to citizens of a State? 

32. What is said of those who take oath to sup- 
port the Constitution and afterward engage in rebel- 

. lion ? 

33. What prohibition is made concerning debts 
incurred in rebellion or by the emancipation of slaves? 

34. When was the fifteenth amendment adopted? 

35. Give its provisions. 



APPENDIX. 



CONSTITUTION OF INDIANA. 



PREAMBLE. . 

To the end that justice be established, public order maintained, 
and liberty perpetuated, we, the people of the State of Indiana, 
grateful to Almighty God for the free exercise of the right to 
choose our own form of government, do ordain this Constitution. 

ARTICLE I. 

BILL OF RIGHTS. 

Section 1. We declare, That all men are created equal; that 
they are endowed by their Creator with certain unalienable rights ; 
that among these are life, liberty, and the pursuit of happiness ; 
that all power is inherent in the people; and that all free gov- 
ernments are, and of a right ought to be, founded on their author- 
ity, and instituted for their peace, safety and well-being. For the 
advancement of these ends the people have, at all times, an inde- 
feasible right to alter and reform their government. 

Sec. 2. All men shall be secured in the natural right to wor- 
ship Almighty God according to the dictates of their own con- 
sciences. 

Sec. 3. No law shall, in any case whatever, control the free 
exercise and enjoyment of religious opinions, or interfere with the 
rights of conscience. 

(131) 



132 Civil Government of the State of 

Sec. 4. No preference shall be given, by law, to any creed, re- 
ligious society, or mode of worship ; and no man shall be com- 
pelled to erect or support any place of worship, or to maintain any 
ministry against his consent. 

Sec. 5. No religious test shall be required as a qualification for 
any office of trust or profit. 

Sec. 6. No money shall be drawn from the treasury for the 
benefit of any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a witness 
in consequence of his opinions on matters of religion. 

Sec. 8. The mode of administering an oath or affirmation shall 
be such as may be most consistent with, and binding upon, the 
conscience of the person to whom such oath or affirmation may be 
administered. 

Sec. 9. No law shall be passed restraining the free interchange 
of thought and opinion, or restricting the right to speak, write, or 
print, freely, on any subject whatever ; but for the abuse of that 
right every person shall be responsible. 

Sec. 10. In all prosecutions for libel the truth of the matters 
alleged to be libelous may be given in justification. 

Sec. 11. The right of the people to secure in their persons, 
houses, papers and effects against unreasonable search or seizure 
shall not be violated; and no warrant shall issue, but upon proba- 
ble cause, supported by oath or affirmation, and particularly de- 
scribing the place to be searched, and the person or thing to be 
seized. 

Sec. 12. All courts shall be open; and every man, for injury 
done him in his person, property or reputation, shall have remedy 
by due course of law. Justice shall be administered freely, and 
without purchase ; completely, and withoilt denial ; speedily, and 
without delay. 

Sec. 13. In all criminal prosecutions, the accused shall have 
the right to a public trial by an impartial jury, in the county in 
which the offense shall have been committed ; to be heard by him- 
self and counsel ; to demand the nature and cause of the accusa- 
tion against him, and to have a copy thereof; to meet the wit- 
nesses face to face, and to have compulsory process for obtaining 
witnesses in his favor. 



Indiana and the United States. 133 

Sec. 14. No person shall be put in jeopardy twice for the same 
offense. No person in any criminal prosecution shall be compelled 
to testify against himself. 

Sec. 15. No person arrested, or confined in jail, shall be treated 
with unnecessary rigor. 

Sec. 16. Excessive bail shall not be required. Excessive fines 
shall not be imposed. Cruel and unusual punishments shall not be 
inflicted. All penalties shall be proportioned to the nature of the 
offense. 

Sec. 17. Offenses other than murder or treason, shall be bail- 
able by sufficient sureties. Murder or treason shall not be bail- 
able when the proof is evident, or the presumption strong. 

Sec. 18. The penal code shall be founded on the principles of 
reformation, and not of vindictive justice. 

Sec. 19. In all criminal cases whatever, the jury shall have 
the right to determine the law and the facts. 

Sec. 20. In all civil cases the right of trial by jury shall remain 
inviolate. 

Sec. 21. No man's particular services shall be demanded with- 
out just compensation ; no man's property shall be taken by law 
without just compensation ; nor, except in case of the State, with- 
out such compensation first assessed and tendered. 

Sec. 22. The privilege of the debtor to enjoy the necessary 
comforts of life shall be recognized by wholesome laws, exempt- 
ing a reasonable amount of property from seizure or sale for the 
payment of any debt or liability hereafter contracted ; and there 
shall be no imprisonment for debt, except in case of fraud. 

Sec. 23. The General Assembly shall not grant to any citizen, 
or class of citizens, privileges or immunities which, upon the same 
terms, shall notequalry belong to all citizens. 

Sec. 24. No ex post facto law, or law impairing the obligation 
of contracts, shall ever be passed. 

Sec. 25. No law shall be passed, the taking effect of which 
shall be made to depend upon any authority, except as provided 
in this Constitution. 

Sec. 26. The operation of the laws shall never be suspended, 
except by the authority of the General Assembly. 



134 Civil Government of the State of 

Sec. 27. The privilege of the writ of habeas corpus shall not be 
suspended, except in case of rebellion or invasion; and then only 
if the public safety demands it. 

Sec. 28. Treason against the State shall consist only in levy- 
ing war against it, and giving aid and comfort to its enemies. 

Sec. 29. No person shall be convicted of treason, except on 
the testimony of two witnesses to the same overt act, or upon his 
own confession in open court. 

Sec. 30. No conviction shall work corruption of blood, or for- 
feiture of estate. 

Sec. 31. No law shall restrain any of the inhabitants of the 
State from assembling together in a peaceable manner, to consult 
for their common good; nor from instructing their representa- 
tives; nor from applying to the General Assembly for redress of 
grievances. 

Sec. 32. The people shall have a right to bear arms for the 
defense of themselves and the State. 

Sec. 33. The military shall be kept in strict subordination to 
the civil power. 

Sec. 34. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor, in time of war, but 
in a manner to be prescribed by law. 

Sec. 35. The General Assembly shall not grant any title of 
nobility nor confer hereditary distinctions. 

Sec. 36. Emigration from the State shall not be prohibited. 

Sec. 37. There shall be neither slavery nor involuntary servi- 
tude within the State otherwise than for the punishment for crime 
whereof the party shall have been duly convicted. No indenture 
of any Negro or Mulatto, made and executed out of the bounds of 
the State, shall be valid within the State. 

ARTICLE II. 
SUFFRAGE and election. 

Section 1. All elections shall be free and equal. 

Sec. 2. In all elections, not otherwise provided for in this Con- 
stitution, every white male citizen of the United States, of the 
age of twenty-one years and upwards, who shall have resided in 



Indiana and the United States. 135 

the State during the six months immediately preceding such elec- 
tion ; and every white male of foreign birth, of the age of twenty- 
one years and upwards, who shall have resided in the United 
States one year, and shall have resided in this State during six 
months immediately preceding such election, and shall have de- 
clared his intention to become a citizen of the United States, con- 
formably to the laws of the United States on the subject of natu- 
ralization, shall be entitled to vote in the township or precinct 
where he may reside. 

Sec. 3. No soldier, seaman, or marine in the army or navy of 
the United States, or of their allies, shall be deemed to have a 
residence in this State in consequence of having been stationed 
within the same ; nor shall any such soldier, seaman, or marine, 
have the right to vote. 

Sec. 4. No person shall be deemed to have lost his residence 
in the State by reason of his absence, either on business of this 
State or of the United States. 

Sec. 5. No Negro or Mulatto shall have the right of suffrage. 

Sec. 6. Every person shall be disqualified from holding office 
during the term for which he may have been elected, who shall 
have given or offered a bribe, threat, or reward, to procure his 
election. 

Sec. 7. Every person who shall give or accept a challenge to 
fight a duel, or wiio shall knowingly carry to another person such 
challenge, or who shall agree to go out of the State to fight a duel, 
shall be ineligible to any office of trust or profit. 

Sec. 8. The General Assembly shall have power to deprive of 
suffrage, and to render ineligible any person convicted of any in- 
famous crime. 

Sec. 9. No person holding a lucrative office or appointment, 
under the United States, or under this State, shall be eligible to a 
seat in the General* Assembly ; nor shall any person hold more 
than one lucrative office at the same time, except in this Constitu- 
tion expressly permitted* Provided, that offices in the militia, to 
which there is attached no annual salary, and the office of Deputy 
Postmaster, where the compensation does not exceed ninety dol- 
lars per annum, shall not be deemed lucrative. And provided, 



136 Civil Government of the State of 

also, that counties containing less than one thousand polls, may con- 
fer the office of Clerk, Recorder, and Auditor, or any two of said 
offices, upon the same person. 

Sec. 10. No person who may hereafter be a collector or holder 
of public moneys, shall be eligible to any office of trust or profit, 
until he shall have accounted for, and paid over, according to law, 
all sums for which he may be liable. 

Sec. 11. In all cases in which it is provided that an office shall 
not be filled by the same person more than a certain number of 
years continuously, an appointment pro tempore shall not be reck- 
oned a part of that term. 

Sec. 12. In all cases except treason, felony, and breach of the 
peace, electors shall be free from arrest, in going to elections, 
during their attendance there, and in returning from the same. 

Sec. 13. All elections by the people shall be by ballot; and all 
the elections by the General Assembly, or either branch thereof, 
shall be viva voce. 

Sec. 14. All general elections shall be held on the second 
Tuesday in October. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

Section 1. The powers of the government are divided into 
three separate departments: the Legislative, the Executive, in- 
cluding the Administrative, and the Judicial; and no person 
charged with official duties under one of these departments, shall 
exercise any of the functions of another, except as in this Con- 
stitution expressly provided. 

ARTICLE IV. 
legislative. 
Section 1. The Legislative authority of the State shall be 
vested in a General Assembly, which shall consist of a Senate and 
a House of Representatives. The style of every law shall be: 
"Be it enacted by the General Assembly of the State of Indiana;" and 
no law shall be enacted except by bill. 

Sec. 2. The Senate shall not exceed fifty, nor the House of 
Representatives one hundred members, and they shall be chosen 



Indiana and the United States. 137 



by the electors of the respective counties or districts into which 
the State may, from time to time be divided. 

Sec. 3. Senators shall be chosen for the term of four years, 
and Representatives for the term of two years, from the day next 
after their general election : Provided, however, that the Senators 
elect, at the second meeting of the General Assembly under this 
Constitution shall be divided by lot into two equal classes, as nearly 
as may be; and the seats of the Senators of the first class shall be 
vacated at the expiration of two years, and those of the second 
class, at the expiration of four years, so that one-half, as nearly 
as possible, shall be chosen biennially forever thereafter. And in 
case of increase in the number of Senators, they shall be so an- 
nexed, by lot, to one or the other of the two classes, as to keep 
them as nearly equal as practicable. 

Sec. 4. The General Assembly shall, at its second session after 
the adoption of this Constitution, and every sixth year thereafter, 
cause an enumeration to be made of the white male inhabitants 
over the age of twenty-one years. 

Sec. 5. The number of Senators and Representatives shall, at 
the session next following each period of making such enumera- 
tion, be fixed by law, and apportioned among the several counties, 
according to the number of white male inhabitants, above tweuty- 
one years of age each : Provided, That the first and second elec- 
tions of the members of the General Assembly, under this Con- 
stitution, shall be according to the apportionment last made by 
the General Assembly, before the adoption of this Constitution. 

Sec. 6. A Senatorial or Representative district, where more 
than one county shall constitute a district, shall be composed of 
contiguous counties, and no county for senatorial apportionment 
shall ever be divided. 

Sec. 7. No person shall be a Senator or Representative, who, 
at the time of his election, is not a citizen of the United States; 
nor any one who has not been, for two years next preceding his 
election, an inhabitant of this State, and for one year next pre- 
ceding his election, an inhabitant of the county or district whence 
he may be chosen. Senators shall be at least twenty-five, and 
Representatives at least twenty-one years of age. 



138 Civil Government of the State of 

Sec. 8. Senators and Representatives, in all cases except trea- 
son, felony, and breach of peace, shall be privileged from arrest 
during the session of the General Assembly, and in going to and 
returning from the same, and shall not be subject to any civil pro- 
cess during the session of the General Assembly, nor during the 
fifteen days next before the commencement thereof. For any 
speech or debate in either house a member shall not be questioned 
in any other place. 

Sec. 9. The sessions of the General Assembly shall be held bi- 
ennially at the capital of the State, commencing on the Thursday 
next after the first Monday of January, in the j r ear one thousand 
eight hundred and fifty-three, and on the same day of every 
second year thereafter, unless a different day or place shall have 
have been appointed b} r law. But if, in the opinion of the Gov- 
ernor, the public welfare shall require it, he may at any time, by 
proclamation, call a special session. 

Sec. 10. Each house, when assembled, chooses its own officers, 
(the President of the Senate excepted), judges the elections, qual- 
ifications and returns of its own members, determines its rules of 
proceeding, and sits upon its own adjournment. 

Sec. 11. Two-thirds of each house shall constitute a quorum to 
do business; but a smaller number may meet, adjourn from day 
to day, and compel the presence of absent members. A quorum 
being in attendance, if either house fail to effect an organization 
within the first five days thereafter, the members of the house so 
failing shall be entitled to no compensation from the end of the 
said five days until an organization shall have been effected. 

Sec. 12. Each house shall keep a journal of its proceedings, 
and publish the same. The yeas and nays on any question shall 
at the request of any two members, be entered, together with the 
names of the members demanding the same, on the journal : Pro- 
vided, that on a motion to adjourn, it shall require one-tenth of the 
members present to order the yeas and nays. 

Sec. 13. The doors of each house, and committees of the whole, 
shall be kept open except in such cases as in the opinion of either 
house may require secrecy. 

Sec. 14. Either house may punish its members for disorderly 



Indiana and the United States. 139 



behavior, and may, with the concurrence of two-thirds, expel a 

member; but not a second time for the same cause. 

Sec. 15. Either house, during its session, may punish by im- 
prisonment, any person not a member who shall have been guilty 
of disrespect to the house by disorderly or contemptuous behavior 
in its presence; but such imprisonment shall not at any time ex- 
ceed twenty-four hours. 

Sec. 16. Each h'ouse shall have all powers necessary for a 
branch of the Legislative department of a free and independent 
State. 

Sec. 17. Bills may originate in either house, but may be 
amended or rejected in the other, except that bills for raising 
revenue shall originate in the House of Representatives. 

Sec. 18. Every bill shall be read by sections, on three several 
days in each house; unless in case of emergency, two-thirds of 
the house where such bill may be pending shall, by a vote of yeas 
and nays, deem it expedient to dispense with this rule; but the 
reading of a bill by sections, on its final passage, shall in no case 
be dispensed with, and the vote on the passage of every bill or 
joint resolution shall be taken by yeas and nays. 

Sec. 19. Every act shall embrace but one subject, and matters 
properly connected therewith, which subject shall be expressed in 
the title. But if any subject shall be embraced in an act which 
shall not be expressed in the title, such act shall be void only as 
to so much thereof as shall not be expressed in the title. 

Sec. 20. Every act and joint resolution shall be plainly worded, 
avoiding, as far as practicable, the use of technical terms. 

Sec. 21. Xo act shall ever be revised or amended by mere ref- 
erence to its title; but the act revised, or section amended, shall 
be set forth and published at full length. 

Sec. 22. The General Assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say: 

Regulating the jurisdiction and duties of justices of the peace 
and constables; 

For the punishment of crime and misdemeanors; 

Regulating the practice of courts of justice; 

Providing for changing the venue in civil and criminal cases; 

Granting divorces; 



140 Civil Government of the Stale of 

Changing the names of persons ; 

For laying out, opening and working on highwaj^s, and for the 
election or appointment of supervisors; 

Vacating roads, town plats, streets, alleys, and public squares ; 

Summoning and empanneling grand and petit juries, and pro- 
viding for their compensation ; 

Regulating county and township business; 

Regulating the election of county and township officers, and 
their compensation ; 

For the assessment and collection of taxes for State, count} r , 
township, and road purposes ; 

Providing for supporting common schools, and for the preserva- 
tion of school funds ; 

In relation to fees and salaries; 

In relation to interest on money ; 

Providing for opening and conducting elections of State, county, 
or township officers, and designating the places of voting; 

Providing for the sale of real estate belonging to minors or other 
persons laboring under legal disabilities, by executors, adminis- 
trators, guardians or trustees. 

Sec. 23. In all cases enumerated in the preceding section, and 
in all other cases where a general law can be made applicable, 
all laws shall be general and of uniform operation throughout the 
State. 

Sec. 24. Provisions may be made by general law for bringing 
suit against the State, as to all liabilities originating after the 
adoption of this Constitution ; but no special act authorizing such 
suit to be brought, or making compensation to any person claim- 
ing damages against the State shall ever be passed. 

Sec. 25. A majority of all the members elected to each house 
shall be necessary to pass every bill or joint resolution, and all bills 
or joint resolutions so passed, shall be signed by the presiding offi- 
cers of the respective houses. 

Sec. 2C. Any member of either house shall have the right to 
protest, and have his protest, with his reasons for dissent, entered 
on the journal. 



Indiana and the United States. 141 



Sec. 27. Every statute shall be a public law, unless otherwise 
declared in the statute itself. 

Sec. 28. No act shall take effect until the same shall have been 
published and circulated in the several counties of the State by au- 
thority, except in case of emergency, which emergency shall be 
declared in the preamble, or in the body of the law. 

Sec. 29. The members of the General Assembly shall receive 
for their services a compensation to be fixed by law; but no in- 
crease of compensation shall take effect during the session at 
which such increase may be made. No session of the General 
Assembly, except the first under this Constitution, shall extend 
beyond the term of sixty-one days, nor any special session beyond 
the term of forty days. 

Sec. 30. No Senator or Kepresentative shall, during the term 
for which he may have been elected, be eligible to any office, the 
election to which is vested in the General Assembly; nor shall he 
be appointed to any civil office of profit which shall have been 
created, or the emoluments of which shall have been increased 
during such term ; but this latter provision shall not be construed 
to apply to any office elective by the people. 

ARTICLE V. 
executive. 

Section 1. The excutive power of the State shall be vested in 
a Governor. He shall hold his office during four years, and shall 
not be eligible more than four years in any period of eight years. 

Sec. 2. There shall be a Lieutenant-Governor, who shall hold 
office during four years. 

Sec. 3. The Governor and Lieutenant-Governor shall be elected 
at the times and places for choosing members of the General 
Assembly. 

Sec. 4. In voting for Governor and Lieutenant-Governor the 
electors shall designate for whom they vote as Governor and for 
whom as Lieutenant-Governor. The returns of every election for 
Governor and Lieutenant-Governor shall be sealed up and trans- 
mitted to the seat of government, directed to the Speaker of the 



142 Civil Government *of the State of 

House of Representatives, who shall open and publish them in the 
presence of both houses of the General Assembly. 

Sec. 5. The persons respectively having the highest number of 
votes for Governor and Lieutenant-Governor shall be elected, but 
in case two or more persons shall have an equal and the highest 
number of votes for either office, the General Assembly shall by 
joint vote, forthwith proceed to elect one of the said persons Gov- 
ernor, or Lieutenant-Governor, as the case may be. 

Sec. 6. Contested elections for Governor or Lieutenant-Gov- 
ernor shall be determined by the General Assembly, in such man- 
ner as may be prescribed by law. 

Sec. 7. No person shall be eligible to the office of Governor or 
Lieutenant-Governor who shall not have been five years a citizen 
of the United States, and also a resident of the State of Indiana 
during the five years next preceding his election ; nor shall any 
person be eligible to either of the said offices who shall not have 
attained the age of thirty years. 

Sec. 8. No member of Congress, or person holding any office 
under the United States, or of this State, shall fill the office of 
Governor or Lieutenant-Governor. 

Sec. 9. The official term of the Governor and Lieutenant-Gov- 
ernor shall commence on the second Monday in January, in the 
year one thousand eight hundred and fifty-three, and on the same 
day every fourth year thereafter. 

Sec. 10. In case of the removal of the Governor from office, or 
of his death, resignation, or inability to discharge the duties of his 
office, the same shall devolve upon the Lieutenant-Governor, and 
the General Assembly shall, by law, provide for the case of re- 
moval from office, death, resignation, or inability, both of the Gov- 
ernor and Lieutenant-Governor, declaring what officer shall act as 
Governor; and stlch officer shall act accordingly, until the disa- 
bility be removed or a Governor shall be elected. 

Sec. 11. Whenever the Lieutenant-Governor shall act as Gov- 
ernor, or shall be unable to attend as President of the Senate, the 
Senate shall elect one of its own members as President for the 
occasion. 



Indiana and the United States. 143 

Sec. 12. The Governor shall be Commander-in-Chief of the mili- 
tia and naval forces, and may call out such forces to execute the 
laws, or to suppress insurrection, or to repel invasion. 

Sec. 13. He shall, from time to time, give to the General As- 
sembly information touching the condition of the State, and recom- 
mend such measures as he shall judge to be expedient. 

Sec. 14. Every bill which shall have passed the General Assem- 
bly, shall be presented to the Governor; if he approve, he will sign 
it; but if not, he will return it, with his objections, to the house 
in which it originated; which house shall enter the objections at 
large upon its journals, and proceed to reconsider the bill. If, 
after such reconsideration, a majority of all the members elected 
to that house shall agree to pass the bill, it shall be sent, with the 
Governor's objections, to the other house, by which it shall like- 
wise be reconsidered, and if approved by a majority of all the 
members elected to that house, it shall be a law. If any bill shall 
not be returned by the Governor within three days, Sundays ex- 
cepted, after it shall have been presented to him, it shall be a law 
without his signature, unless the general adjournment shall pre- 
vent its return, in which case it shall be a law, unless the Governor 
within five days next after such adjournment shall file such bill, 
with his objections thereto, in the office of the Secretary of State, 
who shall lay the same before the General Assembly at its next 
session in like manner as if it had been returned by the Governor. 
But no bill shall be presented to the Governor within two days 
next previous to the final adjournment of the General Assembly. 

Sec. 15. The Governor shall transact all necessary business 
with the officers of the government, and may require information, 
in writing, from the officers of the administrative department, upon 
any subject relating to the duties of their respective offices. 

Sec. 16. He shall take care that the laws shall be faithfully exe- 
cuted. 

Sec. 17. He shall have the power to grant reprieves, commuta- 
tions and pardons after conviction, for all offenses, except treason 
and cases of impeachment, subject to such regulations as may be 
provided by law. Upon conviction of treason, he shall have power 
to suspend the execution of the sentence until the case shall be 



144 Civil Government of the State of 

reported to the General Assembly at its next meeting, when the 
General Assembly shall either grant a pardon, commute the sen- 
tence, direct the execution of the sentence, or grant a further re- 
prieve. He shall have power to remit fines and forfeitures, under 
such regulations as may be prescribed by law, and shall report to 
the General Assembly at its next meeting each case of reprieve, 
commutation, or pardon granted, and also the names of all persons 
in whose favor remission of fines and forfeitures shall have been 
made, and the several amounts remitted : Provided, however, That 
the General Assembly may, by law, constitute a council, to be 
composed of the officers of State, without whose advice and con- 
sent the Governor shall not have power to grant pardons in any 
case, except such as may be by law left to his sole power. 

Sec. 18. When, during a recess of the General Assembly, a 
vacancy shall happen in any office, the appointment to which is 
vested in the General Assembly; or when at any time a vacancy 
shall have occurred in any other State office, or in the office of 
judge of any court, the Governor shall fill such vacancy by appoint- 
ment, which shall expire when a successor shall have been elected 
and qualified. 

Sec. 19. He shall issue writs of election to fill such vacancies as 
may have occurred in the General Assembly. 

Sec. 20. Should the seat of government become dangerous from 
disease or a common enemy, he may convene the General Assem- 
bly at any other place. 

Sec. 21. The Lieutenant-Governor shall, by virtue of his office, 
be President of the Senate, have a right, when in committee of the 
whole, to join in debate, and to vote on all subjects; and when- 
ever the Senate shall be equally divided he shall give the casting 
vote. 

Sec. 22. The Governor shall, at stated times, receive for his 
services a compensation, which shall neither be increased nor dimin- 
ished during the term for which he shall have been elected. 

Sec. 23. The Lieutenant-Governor, while he acts as President of 
the Senate, shall receive for his services the same compensation 
as the Speaker of the House of Representatives, and any person 
acting as Governor, shall receive the compensation attached to the 
office of Governor. 



Indiana and the United States. l4o 



Sec. 24. Neither the Governor nor Lieutenant-Governor shall 
be eligible to any other office, during the term for which he shall 
have been elected. 

ARTICLE VI. 

ADMINISTRATIVE. 

Section 1. There shall be elected, by the voters of the State, a 
Secretary, an Auditor, and a Treasurer of State, who shall, sever- 
ally, hold their offices for two years. They shall perform such 
duties as may be enjoined by law; and no person shall be eligible 
to either of said offices more than four years in any period of six 
years. 

Sec. 2. There shall be elected, in each count}', by the voters 
thereof, at the time of holding the general election, a Clerk of the 
Circuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner, and 
Surveyor. The Clerk, Auditor, and Recorder shall continue iii 
office four years; and no person shall be eligible to the office of 
Clerk, Auditor, or Recorder, more than eight years in any period 
of twelve years. The Treasurer, Sheriff, Coroner, and Surveyor, 
shall continue in office two years; and no person shall be eligible 
to the office of Treasurer or Sheriff more than four years in any 
period of six years. 

Sec. 3. Such other county and township officers as may be 
necessary, shall be elected, or appointed, in such manner as may 
be prescribed by law. 

Sec. 4. No person shall be elected, or appointed, as a county 
officer, who shall not be an elector of the county; nor auy one who 
shall not have been an inhabitant thereof during one year next 
preceding his appointment, if the county shall have been so long 
organized; but if the county shall not have been so long organized, 
then within the limits of the county or counties out of which the 
same shall have been taken. 

Sec. 5. The Governor, and the Secretary, Auditor, and Treas- 
urer of State, shall, severally, reside and keep the public records, 
books, and papers, in any manner relating to their respective 
offices, at the seat of government. 

Sec. 6. All county, township and town officers, shall reside 
within their respective counties, townships and towns, and shall 
10 



146 Civil Government of the State of 

keep their respective offices at such places therein, and perform 
such duties, as may be directed by law. 

Sec. 7. All State officers shall, for crime, incapacity or negli- 
gence, be liable to be removed from office, either by impeachment 
by the House of Representatives, to be tried by the Senate, or by 
a joint resolution of the General Assembly; two-thirds of the 
members elected to each branch voting, in either case, therefor. 

Sec. S. All State, county, township and town officers, may be 
impeached, or removed from office, in such manner as may be 
prescribed by law. 

Sec. 9. Vacancies in county, township and town offices, shall 
be filled in such manner as may be prescribed by law. 

Sec. 10. The General Assemb.ly may confer upon the Boards 
doing county business in the several counties, powers of local, ad- 
ministrative character. 

ARTICLE VII. 

JUDICIAL. 

Section 1. The Judicial Power of the State shall be vested in 
a Supreme Court, Circuit Courts, and in such inferior Courts as 
the General Assembly may establish. 

Sec. 2. The Supreme Court shall consist of not less than three 
nor more than five Judges, a majority of whom shall form a quorum. 
They shall hold their office for five years, if they so long behave 
well. 

Sec. 3. The State shall be divided into as many districts as 
there are Judges of the Suprejue Court; and such districts shall 
be formed of contiguous territory, as nearly equal in population 
as, without dividing a county, the same can be made. One of said 
Judges shall be elected from each district, and reside therein; but 
said Judges shall be elected by the electors of the State at large. 

Sec. 4. The Supreme Court shall have jurisdiction co-extensive 
with the limits of the State, in appeals and writs of error, under 
such regulations and restrictions as may be prescribed by law. It 
shall also have such original jurisdiction as the General Assembly 
may confer. 



Indiana and the United States. 147 

Sec. 5. The Supreme Court shall, upon the decisions of every 
case, give a statement in writing of each question arising in the 
records of such case, and the decision of the Court thereon. 

Sec. 6. The General Assembly shall provide, by law, for the 
speedy publication of the decisions of the Supreme Court, made 
under this Constitution ; but no Judge shall be allowed to report 
such decision. 

Sec. 7. There shall be elected by the voters of the State, a Clerk 
of the Supreme Court, who shall hold his office for four years, 
and whose duties shall be prescribed by law. 

Sec. 8. The Circuit Courts shall each consist of one Judge, and 
shall have such civil and criminal nrosecution as may be pre- 
scribed by law. 

Sec. 9. The State shall, from time to time, be divided into 
judicial circuits, and a Judge for each circuit shall be elected by 
the voters thereof. He shall reside within the circuit, and shall 
hold his office for the term of six years, if he so long behave well. 

Srcc. 10. The General Assembly may provide, by law, that the 
Judge of one Circuit may hold the Courts of another circuit, in 
cases of necessity or convenience; and, in case of temporary ina- 
bility of any Judge, from sickness or other cause, to hold the 
Courts in his circuit, provisions may be made by law, for holding 
such courts. 

Sec. 11. There shall be elected in each judicial circuit, by the 
voters thereof, a Prosecuting Attorney, who shall hold his office 
for two years. 

Sec. 12. Any Judge or Prosecuting Attorney, who shall have 
been convicted of corruption or other high crime, may, on informa- 
tion in the name of the State, be removed from office by the Su- 
preme Court, or in such other manner as may be prescribed by law. 

Sec. 13. The Judges of the Supreme Court and Circuit Courts 
shall, at stated times, receive a compensation, which shall not be 
diminished during their continuance in office. 

Sec. 14. A competent number of Justices of the Peace shall be 
elected, by the voters in each township in the several counties. 
They shall continue in office four years, and their powers and 
duties shall be prescribed by law. 



148 Civil Government of the State of 

Sec. 15. All judicial officers shall be conservators of the peace 
in their respective jurisdictions. 

Sec. 16. No person elected to any judicial office, shall, during 
the term for which he shall have been elected, be eligible to any 
office of trust or profit, under the State, other than a judicial one. 

Sec. 17. The General Assembly may modify or abolish the 
grand jury system. 

Sec. 19. Tribunals of conciliation may be established, with 
such powers and duties as shall be prescribed by law; or the 
powers and duties of the same may be conferred upon other courts 
of justice ; but such tribunals or other courts, when sitting as such, 
shall have no power to render judgment to be obligatory on the 
parties, unless they voluntarily submit their matters of difference, 
and agree to abide the judgment of such tribunal or court. 

Sec. 20. The General Assembly, at its first session after the 
adoption of this Constitution, shall provide for the appointment of 
three Commissioners, whose duty it shall be to revise, simplify and 
abridge the rules, practices, pleadings and forms of the courts of 
justice. And they shall provide for abolishing the distinct forms 
of action at law now in use; and that justice shall be administered 
in a uniform mode of pleading, without distinction between law 
and equity. And the General Assembly may, also, make it the 
duty of said Commissioners to reduce into a systematic code 
the general statute law of the State; and said Commissioners shall 
report the result of their labors to the General Assembly, with such 
recommendations and suggestions, as to abridgment and amend- 
ment, as said Commissioners may deem necessary or proper. 
Provisions shall be made, by law, for .tilling vacancies, regulating 
the tenure of office, and the compensation of said Commissioners. 

Sec. 21. Every person of good moral character, being a voter, 
shall be entitled to admission to practice law in all courts of justice. 

ARTICLE VIII. 

EDUCATION. 

Section 1. Knowledge and learning, generally diffused through- 
out a community, being essential to the preservation of a free gov- 
ernment, it shall be the duty of the General Assembly to encour- 



Indiana and the United States. 149 



age. by all suitable means, moral, intellectual, scientific and agri- 
cultural improvement, and to provide, by law, for a general and 
uniform system of common schools, wherein tuition shall be with- 
out charge, and equally open to all. 

Sec. 2. The Common School fuud shall consist of the Congres- 
sional township fund, and the lands belonging thereto; 

The Surplus Revenue fund; 

The Saline fund and lands belonging thereto; 

The Bank Tax fund, and the fund arising from the one hundred 
and fourteenth section of the charter of the State Bank of Indiana; 

The fund to be derived from the sale of county seminaries, and 
the money and property heretofore held for such seminaries; from 
fines assessed for breaches of the penal laws of the State, and for 
all forfeitures which may accrue; 

All lands and other estate which shall escheat to the State for 
want of heirs or kindred entitled to the inheritance; 

All lands that have been or may hereafter be granted to the 
State, where no special purpose is expressed in the grant, and the 
proceeds of the sale thereof, including the proceeds of the sales of 
the swamp lands granted to the State of Indiana by the act of 
Congress of the twenty-eighth of September, 1850, after deducting 
the expense of selecting and draining the same; 

Taxes on the property of corporations, that may be assessed for 
common school purposes. 

Sec. 3. The principal of the common school fund shall remain 
a perpetual fund, which may be increased, but shall never be di- 
minished; and the income thereof shall be invioalbly appropriated 
to the support of the Common Schools, and to no other purpose 
whatever. 

Sec. 4. The General Assembly shall invest, in some safe and 
profitable manner, all such portions of the Common School fund as 
not hereinbefore entrusted to the several counties; and shall make 
provision, bylaw, for the distribution, among the several counties, 
of the interest thereof. 

Sec. 5. If any county shall fail to demand its proportion of such 
interest, for common school purposes, the same shall be re-invested 
for the benefit of such countv. 



150 Civil Government of the State of 

Sec. 6. The several counties shall be held liable for the preseiv 
vation of so much of the said fund as may be entrusted to them, 
and for the payment of the annual interest thereon. 

Sec. 7. All trust funds, held by the State, shall remain invio- 
late, and be faithfully and exclusively applied to the purposes for 
which the trust was created. 

Sec. 8. The General Assembly shall provide for the election, 
by the voters of the State, of a State Superintendent of Public In- 
struction, who shall hold his office for two years, and whose duties 
and compensation shall be fixed by law. 

ARTICLE IX. 
STATE institutions. 

Section 1. It shall be the duty of the General Assembly to pro- 
vide, by law, for the support of institutions for the deaf and dumb, 
and of the blind ; and also for the treatment of the insane. 

Sec. 2. The General Assembly shall provide Houses of Refuge, 
for the correction and reformation of juvenile offenders. 

Sec. 3. The county boards shall have power to provide farms, 
as an asylum for those persons who, by reason of age, infirmity or 
other misfortune, may have claims upon the sympathies and aid 
of society . 

ARTICLE X. 

FINANCE. 

Section 1. The General Assembly shall provide, by law, for a 
uniform and equal rate of assessment and taxation, and shall pre- 
scribe such regulations as shall secure a just valuation for taxation 
of all property, both real and personal, excepting such only for 
municipal, educational, literary, scientific, religious or charitable 
purposes, as may be especially exempted by law. 

Sec. 2. All the revenues derived from the sale of any of the 
public works belonging to the State, and from the net annual in- 
come thereof, and any surplus that may, at any time, remain in the 
treasury, derived from taxation for general State purposes, after 
the payment of the ordinary expenses of the government, and of 
the interest and bonds of the State, other than bank bonds, shall be 



Indiana and the United States. 151 

annually applied, under the direction of the General Assembly, to 
the payment of the principal of the public debt. 

Sec. 3. No money shall be drawn from the treasury, but in 
pursuance of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and expenditures 
of the public money shall be published with the laws of each reg- 
ular session of the General Assembly. 

Sec. 5. No law shall authorize any debt to be contracted, on 
behalf of the State, except in the following cases : To meet casual 
deficits in the revenue; to pay the interest on the State debt; to 
repel invasion, suppress insurrection, or, if hostilities be threat- 
ened, provide for the public defense. 

Sec. 6. No county shall subscribe for stock in any incorporated 
company, unless the same be paid for at the time of such subscrip- 
tion; nor shall any county loan its credit to any incorporated 
company, nor borrow money for the purpose of taking stock in 
any such company; nor shall the General Assembly ever, on be- 
half of the State, assume the debts of any county, city, town or 
township, or of any corporation whatever. 

Sec. 7. No law or resolution shall ever be passed by the Gen- 
eral Assembly of the State of Indiana that shall recognize any lia- 
bility of this State to pay or redeem any certificate of stocks issued 
in pursuance of an act entitled " An act to provide for the funded 
debt of the State of Indiana, and for the completion of the Wabash 
and Erie Canal to Evansville,'* passed January 19, 1846, and an 
act supplemental to said act, passed January 29, 1847, which, by 
provisions of said acts, or either of them, shall be payable exclu- 
sively from the proceeds of the canal lands, and the tolls and rev- 
enues of the canal in said acts mentioned; and no such certificates 
or stocks shall ever be paid by this State. 

ARTICLE XI. 

CORPORATIONS. 

Section 1. The General Assembly shall not have power to 
establish or incorporate any bank or banking compauy, or moneyed 
institution, for the purpose of issuing bills of credit, or bills paya- 



1 52 Civil Government of the State of 



ble to order or bearer, except under the conditions prescribed in 
this Constitution. 

Sec. 2. No banks shall be established otherwise than under a 
general banking law, except as provided in the fourth section of 
this article. 

Sec. 3. If the General Assembly shall enact a general banking 
law, such law shall provide for the registry and countersigning, 
by an officer of the State, of all paper credit designed to be circu- 
lated as money; and ample collateral security, readily convertible 
iuto specie, for the redemption of the same in gold or silver, shall 
be required, which collateral security shall be under the control 
of the proper officer or officers of the State. 

Sec. 4. The General Assembly may also charter a bank with 
branches, without collateral security, as required in the preceding 
section. 

Sec. 5. If the General Assembly shall establish a bank with 
branches, the branches shall be mutually responsible for each 
other's liabilities, upon all paper credit issued as money. 

Sec. 6. The stockholders in every bank or banking company, 
shall be individually responsible, to an amount over and above 
their stock, equal to their respective shares, of stock, for all debts 
or liabilities of said bank or banking company. 

Sec. 7. All bills or notes issued as money, shall be, at all times, 
redeemable in gold or silver; and no law shaJl be passed sanction- 
ing, directly or indirectly, the suspension by any bank or banking 
company, of specie payments. 

Sec. 8. Holders of bank notes shall be entitled, in case of in- 
solvency, to preference of payment over all other creditors. 

Sec. 9. No bank shall receive, directly or indirectly, a greater 
rate of interest than shall be allowed, by law, to individuals loan 
ing money. 

Sec. 10. Every bank, or banking company, shall be required to 
cease all banking operations within twenty years from the time of 
its organization, and promptly thereafter to close its business. 

Sec. 11. The General Assembly is not prohibited from investing 
the Trust Fund in a bank with branches; but in case of such in- 
vestment, the safety of the same shall be guaranteed by unques- 
tionable security. 



Indiana and the United States. 153 

Sec. 12. The State shall not be a stockholder in any bank, after 
the expiration of the present bank charter ; nor shall the credit of 
the State ever be given, or loaned, to any person, association, or 
corporation; nor shall the State hereafter become a stockholder in 
a corporation or association. 

Sec. 13. Corporations, other than banking, shall not be created 
by special act, but may be formed under general laws. 

Sec. 14. Dues from corporations, other than banking, shall be 
secured by such individual liability of corporators, or other means, 
as may be prescribed by law. 

ARTICLE XII. 



Section 1. The militia shall consist of all able-bodied white 
male persons, between the ages of eighteen and forty-live years, 
except such as may be exempted by the laws of the United States, 
or of this State ; and shall be organized, officered, armed, equipped 
and traiued in such a manner as may be provided by law. 

Sec. 2. The Governor shall appoint the Adjutant, Quarter- 
master and Commissary Generals. 

Sec. 3 All militia officers shall be commissioned by the Gov- 
ernor, and shall hold their offices not longer than six years, 

Sec. 4. The General Assembly shall determine the method of 
dividing the militia into divisions, brigades, regiments, battalions, 
and companies, and fix the rank of staff officers. 

Sec. 5. The militia shall be divided into classes of sedentary 
and active militia, in such manner as may be provided by law. 

Sec. 6. Xo person conscientiously opposed to bearing arms, 
shall be compelled to do militia service; but such person shall pay 
an equivalent for exemption, the amount to be prescribed. 

ARTICLE XIII. 

NEGROES AND MULATTOES. 

Section 1. No negroes or mulattoes shall come into or settle 
in the State, after the adoption of this Constitution. 

Sec. 2. All contracts made with any negro or mulatto coming 



1 54 Civil Government of the State of 



into the State, contrary to the provisions of the foregoing section, 
shall be void ; and any person who shall employ such negro or 
mulatto, or otherwise encourage him to remain in the State, shall 
be fined in any sum not less than ten dollars, nor more than five 
hundred dollars. 

Sec. 3. All fines which may be collected for a violation of the 
provisions of this article, or of any law which may hereafter be 
passed for the purpose of carrying the same into execution, shall 
be set apart and appropriated for the colonization of such negroes 
and mulattoes, and their decendents, as may be in the State at the 
adoption of this Constitution, and maybe willing to emigrate. 

Sec. 4. The General Assembly shall pass laws to carry out the 
provisions of this article. 

ARTICLE XIV. 

BOUNDARIES. 

Section 1. In order that the boundaries of the State may be 
known and established, it is hereby ordained and declared, that 
the State of Indiana is bounded on the east by the meridian line 
which forms the western -boundary of the State of Ohio; on the 
south by the Ohio River, from the mouth of the Great Miami River 
to the mouth of the Wabash River; on the west by a line drawn 
along the middle of the Wabash River, from its mouth to a point 
where a due north line, drawn from the town of Vincennes would 
last touch the northwestern shore of said Wabash River; and 
thence by a due north line until the same shall intersect an east 
and w r est line, drawn through a point ten miles northpf the south- 
ern extreme of Lake Michigan; on the north by said east and west 
line, until the same shall intersect the first mentioned meridian 
line, which forms the western boundary of the State of Ohio. 

Sec. 2. The State of Indiana shall possess jurisdiction and sov- 
ereignty co-extensive with the boundaries declared in the preced- 
ing section; and shall have concurrent jurisdiction in civil and 
criminal cases, with the State of Kentucky on the Ohio River, and 
with the State of Illinois on the Wabash River so far as said rivers 
form the common boundary between this State and the said States 
respectively. 



Indiana and the United States. 155 



ARTICLE XV. 

MISCELLANEOUS. 

Section 1. All officers whose appointment is not otherwise 
provided for in this Constitution, shall be chosen in such manner 
as is now, or hereafter may be, prescribed by law. 

Sec. 2. When the duration of any office is not provided for by 
this Constitution, it may be declared by law; and if not so de. 
clared, such office shall be held during the pleasure of the 
authority making the appointment. But the General Assembly 
shall not create any office, the tenure of which shall be longer 
than four years. 

Sec. 3. Whenever it is provided in this Constitution, or in any 
law which may hereafter be passed, that any officer, other than a 
member of the General Assembly, shall hold an office for any given 
term, the same shall be construed to mean that such officer shall 
hold his office for such term, and until his successor shall have 
been elected and qualified. 

Sec. 4. Every person elected or appointed to any office under 
this Constitution, shall, before entering on the duties thereof take 
an oath or affirmation to support the Constitution of this State and 
of the United States, and also an oath of office. 

Sec. 5. There shall be a seal of State, kept by the Governor for 
official purposes, which shall be called the Seal of the State of 
Indiana. 

Sec. 6. All commissions shall issue in the name of the State, 
shall be signed by the Governor, sealed with the State seal, and 
attested by the Secretary of State. 

Sec. 7. No county shall be reduced to an area less than four 
hundred square miles; nor shall any county, under that area, be 
further reduced. 

Sec. 8. No lottery shall be authorized, nor shall the sale of lot- 
tery tickets be allowed. 

Sec. 9. The following grounds, owned by the State in Indiana- 
polis, namely, the State-House Square, the Governor's Circle, and 
so much of out-lot numbered one hundred and forty-seven as lies 
north of the arm of the Central canal, shall not be sold or leased. 

Sec. 10. It shall be the duty of the General Assembly to pro- 



156 Civil Government of the State of 



vide for the permanent enclosure and preservation of the Tippe- 
canoe Battle Ground. 

AKTICLE XVI. 

AMENDMENTS. 

Section 1. Any amendment or amendments to this Constitu- 
tion, may be proposed in either branch of the General Assembly; 
and if the same shall be agreed to by a majority of the members 
elected to each of the two houses, such proposed amendment or 
amendments shall, with the yeas and nays thereon, be entered on 
their journals and referred to the General Assembly to be chosen 
at the next general election ; and if in the General Assembly so 
next chosen such proposed- amendment or amendments shall be 
agreed to by a majority of all the members elected to each house, 
then it shall be the duty of the Genera 1 Assembly to submit such 
amendment or amendments to the electors of the State ; and if a 
majority of said electors shall ratify the same, such amendment, 
or amendments, shall become a part of this Constitution. 

Sec. 2. If two or more amendments shall be submitted at the 
same time they shall be submitted in such manner that the electors 
shall vote for or against each of such amendments separately; and 
while such an amendment or amendments which shall have been 
agreed upon by one General Assembly, shall be waiting the action 
of a succeeding General Assembh\ or of the electors, no additional 
amendment or amendments shall be proposed. 

SCHEDULE. 

This Constitution, if adopted, shall take effect on the first day of 
[November in the year one thousand eight hundred and fifty-one, 
and shall supersede the Constitution adopted in the year one thou- 
sand eight hundred and sixteen. That no inconvenience may 
arise from the change in the government, it is hereby ordained as 
follows : 

First. All laws now in force, and not inconsistent with this 
Constitution, shall remain in force until they shall expire or be 
repealed. 

Second. All indictments, prosecutions, suits, pleas, plaints and 
other proceedings pending in any of the courts, shall be prose- 



Indiana and the United States. 157 

cutedtotinal judgment and execution; and all appeals, writs of 
error, certiorari and injunctions, shall be carried on in the several 
courts in the same manner as is now provided by law. 

Third. All lines, penalties and forfeitures, due or accruing to 
the State, or to any county therein, shall inure to the State, or to 
such county, in the manner prescribed by law. All bonds exe- 
cuted to the State, or to any officer in his official capacity, shall 
remain in force, and inure to the use of those concerned. 

Fourth. All acts of incorporation for municipal purposes shall 
continue in force under this Constitution until such time as the 
General Assembly shall, in its discretion, modify or repeal the 
same. 

Fifth, The Governor, at the expiration of the present official 
term, shall continue to act until his successor shall have been sworn 
into office. 

Sixth. There shall be a session of the General Assembly com- 
mencing on the first Monday in December in the year one thou- 
sand eight hundred and fifty-one. 

Seventh. Senators now in office and holding over, under the 
existing Constitution, and such as may be elected at the next gen- 
eral election, and the Representatives then elected shall continue 
in office until the first general election under this Constitution. 

Eighth. The first general election under this Constitution shall 
be held in the year one thousand eight hundred and fifty-two. 

Ninth. The first election for Governor, Lieutenant-Governor, 
Judges of the Supreme Court and Circuit Courts, Clerk of the Su- 
preme Court, Prosecuting Attorney, Secretary, Auditor, and Treas- 
urer of State, and State Superintendent of Public Instruction, 
under this Constitution, shall be held at the general election in 
the year one thousand eight hundred and fifty-two: and such of 
said officers as may be in office when this Constitution shall go 
into effect, shall continue in their respective offices until their suc- 
cessors shall have been elected and qualified. 

Tenth. Every person elected by popular vote, and now in any 
office which is continued by this Constitution, and every person 
who shall be so elected to any such office before the taking effect 
of this Constitution (except as in this Constitution otherwise pro- 



158 Civil Government of the Stale of 

vided), shall continue in office until the term for which such per- 
son has been or may be elected, shall expire : Provided, That no 
such person shall continue in office after the taking effect of this 
Constitution for a longer period than the term of such office in 
this Constitution prescribed. 

Eleventh. On the taking effect of this Constitution all officers 
thereby continued in office, shall, before proceeding in the further 
discharge of their duties, take an oath or affirmation to support 
this Constitution. 

Twelfth. All vacancies that may occur in existing offices prior 
to the first general election under this Constitution, shall be filled 
in the manner now prescribed by law. 

Thirteenth. At the time of submitting this Constitution to the 
electors for their approval or disapproval, the Article numbered 
thirteen, in relation to negroes and mulattoeg, shall be submitted 
as a distinct proposition in the following form: 4i Exclusion and 
Colonization of Negroes and Mulattoes;" "Aye" or "No." And 
if a majority of the votes cast shall be in favor of said Article, then 
the same shall form a part of this Constitution; otherwise it shall 
be void, and form no part thereof. 

Fourteenth. No Article or section of this Constitution shall be 
submitted as a distinct proposition to a vote of the electors other- 
wise than as herein provided. 

Fifteenth. Whenever a portion of the citizens of the counties of 
Posey and Spencer shall deem it expedient to form of the contig- 
uous territory to said counties a new county, it shall be the duty 
of those interested in the organization of such new county to lay 
off the same by proper metes and bounds, of equal portions as 
nearly as practicable, not to exceed one-third of the territory of each 
of said counties. The proposal to create such new county shall be 
submitted to the voters of said counties at a general election in 
such manner as shall be prescribed by law. And if a majority of 
all the votes given at said election shall be in favor of the organi- 
zation of said new county, it shall be the duty of the General As- 
sembly to organize the same out of the territory thus designated. 

Sixteenth. The General Assembly may alter or amend the char- 
ter of Clarksville, and make such regulations as may be necessary 



Indiana and the United States. 159 

for carrying into effect the objects contemplated in granting the 
same; and the funds belonging to said town shall be applied ac- 
cording to the intention of the grantor. 

Done in convention at Indianapolis, the 10th day of February, 
in the year of our Lord one thousand eight hundred and fifty-one, 
and of the Independence of the United States the seventy-fifth. 
George Whitfield Carr, President. 

Attest : 

Wm. H. English, Principal Secretary. 

George L. Sites, 

Herman G. Barkwell, }■ Assistant Secretaries. 

Kobert M. Evans, 



CONSTITUTION 



OF THE 



UNITED STATES OF AMERICA. 



We^ the people of the United States, in order to form a more perfect 
Union, establish justice, insure domestic tranquility, provide for the 
common defense, promote the general welfare , and secure the bless- 
ings of liberty to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America : 

ARTICLE I. 

Section 1 . All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Sec. 2. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States ; and the electors in each State^shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of 
the United States, and who shall not, when elected, be an inhab- 
itant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, ac- 
cording to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the Con- 

(160) 



Indiana and the United States. 161 



gress of the United States, and within every subsequent term of 
ten years, in such manner as they shall by law direct. The num- 
ber of Representatives shall not exceed one for every thirty thou- 
sand, but each State shall have at least one Representative; and 
until such enumeration shall be made, the State of New Hamp- 
shire shall be entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut live, New 
York six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, South Carolina 
five, and Georgia three. 

When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill 
such vacancies. 

The House of Representatives shall choose their Speaker and 
other officers ; and shall have the sole power of impeachment. 

Sec. 3. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature thereof, 
for six years; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated 
at the expiration of the second year, of the second class at the ex- 
piration of the fourth year, and of the third class at the expiration 
of the sixth year, so that one-third may be chosen every second 
year; and if vacancies happen by resignation or otherwise, during 
the recess of the Legislature of any State, the Executive thereof 
may make temporary appointments until the next meeting of the 
Legislature, which shall then fill such vacancies. 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

The Senate shall choose their other officers, and also a Presi- 
dent pro tempore, in the absence of the Vice-President, or when 
he shall exercise the office of President of the United States. 
11 



162 Civil Government of the State of 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside ; and no person shall be convicted without the con- 
currence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any 
office of honor, trust or profit under the United States ; but the 
party convicted shall nevertheless be liable and subject to indict- 
ment, trial, judgment and punishment, according to law. 

Sec. 4. The times, places and manner of holding elections for 
Senators and Representatives, shall be prescribed in each State by 
the Legislature thereof; but the Congress may, at any time, by 
law, make or alter such regulations, except as the places of choos- 
ing Senators. 

The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Sec. 5. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner and under such 
penalties as each house may provide. 

Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence of 
two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may, in 
their judgment, require secrecy; and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 

Sec. 6. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law and paid out 



Indiana and the United States, 163 

of the treasury of the United States. They shall in all cases, ex- 
cept treason, felony, and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same ; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the emolu- 
ments whereof shall have been increased during such time, and no 
person holding any office under the United States shall be a mem- 
ber of either house during his continuation in office. 

Sec. 7. All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur with 
amendments as on other bills. 

Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it becomes a law, be presented to the 
President of the United States: If he approve, he shall sign it; 
but if not, he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If, after such 
reconsideration, two-thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a law. But in all such 
cases the votes of both houses shall be determined by yeas and 
nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each house respectively. If any 
bill shall not be returned by the President within ten days (Sun- 
days excepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, unless the 
Congress, by their adjournment, prevent its return, in which case 
it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States ; and before the same shall take effect, shall 



164 Civil Government of the State of 

be approved by him; or, being disapproved by him, shall be re- 
passed by two-thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case of a 
bill. 

Sec. 8. The Congress shall have power — 

To lay and collect taxes, duties, imposts, and excises, to pay the 
debts and provide for the common defense and general welfare of 
the United States; but all duties, imposts and excises shall be 
uniform throughout the United States ; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations, and among the sev- 
eral States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof and of foreign coin, 
and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries ; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations ; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years ; 

To provide and maintain a navy ; 

To make rules for the government and regulation of the land 
and naval forces; 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions; 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 



Indiana and the United States. 165 

the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress; 

To exercise exclusive legislation, in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession 
of particular States, and the acceptance of Congress, become the 
seat of the Government of the United States, and to exercise like 
authority over all places purchased by the consent of the Legisla- 
ture of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dock-yards, and other needful build- 
ings; and 

To make all laws which shall be necessaiy and proper for carry- 
ing into execution the foregoing powers, and all other powers 
vested by this Constitution in the Government of the United States, 
or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons as any of 
the States now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such im- 
portation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when, in cases of rebellion or invasion, the public safety 
may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed to be 
taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another; nor shall 
vessels bound to or from one State, be obliged to enter, clear, or 
pay duties in another. 

No money shall be drawn from the treasury but in consequence 
of appropriations made by law; and a regular statement and ac- 
count of the receipts and expenditures of all public money shall 
be published from time to time. 

No title of nobility shall be granted by the United States; and 
no person holding any office of profit or trust under them shaD, 



166 Civil Government of the State of 

without the consent of Congress, accept of any present, emolu- 
ment, office, or title, of any kind whatever, from any king, prince, 
or foreign State. 

Sec. 10. No State shall enter into any treaty, alliance, or con- 
federation; grant letters of marque or reprisal; coin money, emit 
bills of credit; make anything but gold and silver coin a tender in 
payment of debts ; pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts, or grant any title of no- 
bility. 

No State shall, without the consent of the Congress, lay any im- 
posts or duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the treasury of the United States; 
and all such laws shall be subject to the revision and control of 
the Congress. 

No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, enter 
into any agreement or compact with another State, or with a for- 
eign power, or engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay. 

ARTICLE II. 

Section 1. The Executive Power shall be vested in a President 
of the United States of America. He shall hold his office during 
the term of four years, and, together with the Vice-President, 
chosen for the same term, be elected as follows: 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors equal to the number of 
Senators and Representatives to which the State may be entitled 
in the Congress; but no Senator or Representative, or person 
holding an office of trust or profit under the United States, shall 
be appointed an elector. 

[The electors shall meet in their respective States, and vote by 
ballot for two persons — of whom one at least shall not be an inhab- 
itant of the same State with themselves. And they shall make a 
list of all the persons voted for, and ot the number oi votes for each ; 



Indiana and the United States, 167 

which list they shall sign and certify, and transmit, sealed, to the 
seat of the Government of the United States, directed to the Pres- 
ident of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the President, if such 
number be a majority of the whole number of electors appointed; 
and if there be more than one who have such majority, and have 
an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if 
no person have a majority, then from the five highest on the list 
the said House shall, in like manner, choose the President. But, 
in choosing the President, the votes shall be taken by States, the 
representation from each State having one vote. A quorum for 
this purpose shall consist of a member or members from two- 
thirds of the States, and a majority of all che States shall be nec- 
essary to a choice. In every case, after the choice of the Presi- 
dent, the person having the greatest number of votes of the elect- 
ors shall be Vice-President. But if there should remain two or 
more who have equal votes, the Senate shall choose from them by 
ballot the Vice-President.*] 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall 
be the same throughout the United States. 

No person, except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President; neither shall any per- 
son be eligible to that office who shall not have attained the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President; 
and the Congress may. by law, provide for the case of removal, 
death, resignation, or inability, both of the President and Vice- 
President, declaring what officer shall act as President; and such 

*Thi3 clause has been repealed and annulled by the 12th amendment. 



1 68 Civil Government of the State of 

officer shall act accordingly until the disability be removed, or a 
President shall be elected. 

The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected ; and he 
shall not receive within that period any other emolument from the 
United States, or any of them. 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully execute the office of 
President of the United States, and will, to the best of my ability, preserve, 
protect, and defend the Constitution of the United States/ ' 

Sec. 2. The President shall be Commander-in-Chief of the 
Army and Navy of the United States, and of the militia of the 
several States when called into the actual service of the United 
States; he may require the opinion, in writing of the principal 
officer in each of the executive departments, upon any subject re- 
lating to the duties of their respective offices ; and he shall have 
power to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. 

He shall have the power, by and with the advice and consent of 
the Senate, to make treaties, provided two-thirds of the Senate 
present concur; and he shall nominate, and by and with the ad- 
vice and consent of the Senate, shall appoint Embassadors, other 
public Ministers and Consuls, Judges of the Supreme Court, and 
all other officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be established by 
law , but the Congress may, by law, vest the appointment of such 
inferior officers as they think proper in the President alone, in the 
courts of law, or in the heads of departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions, 
which shall expire at the end of their next session. 

Sec. 3. He shall, from time to time, give to the Congress in- 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedient; 
he may, on extraordinary occasions, convene both houses, or either 



Indiana and the United States. 169 

of them; and, in case of disagreement between them with respect 
to the time of adjournment, he may adjourn them to such time as 
he shall think proper; he shall receive Embassadors and other 
public Ministers ; he shall take care that the laws be faithfully ex- 
ecuted, and shall commission all the officers of the United States. 
Sec. 4. The President, Vice-President, and all civil officers of 
the United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery or other high crimes and 
misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior Courts as the 
Congress may, from time to time, ordain and establish. The 
Judges, both of the Supreme and inferior Courts, shall hold their 
offices during good behavior, and shall, at stated times, receive for 
their services a compensation, which shall not be diminished dur- 
ing their continuance in office. • 

Sec. 2. The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority ; to all cases affecting Embassadors, other public Min- 
isters, and Consuls ; to all cases of admiralty and maritime juris- 
diction; to controversies to which the United States shall be a 
party ; to controversies between two or more States ; between a 
State and citizens of another State ; between citizens of different 
States; between citizens of the same State claiming lands under 
grants of different States; and between a State, or the citizens 
thereof, and foreign States, citizens, or subjects. 

In all cases affecting Embassadors, other public Ministers and 
Consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and under such reg- 
ulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said 
crimes shall have been committed; but when not committed 



1 70 Civil Government of the State of 

within any State, the trial shall be at such place or places as the 
Congress may by law have directed. 

Sec. 3. Treason against the United States shall consist only in 
levying war against them, or adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of 
blood, or forfeiture; except during the life of the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the man- 
ner in which such acts, records, and proceedings shall be proved, 
and the effect thereof. 

Sec. 2, The citizens of each State shall be entitled to all privi- 
leges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from 
which he fled, he delivered up, to be removed to the State having 
jurisdiction of the crime. 

No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service 
or labor may be due. 

Sec. 3. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the ju- 
risdiction of any other State; nor any State be formed by the 
junctiou of two or more States or parts of States without the con- 
sent of the Legislatures of the States concerned, as well as of the 
Congress. | 

The Congress shall have power to dispose of and make all need- 
ful rules and regulations respecting the territory or other property 



Indiana and the United States. 171 

belonging to the United States; and nothing in this Constitution 
shall be so construed as to prejudice any claims of the United 
States, or any particular State. 

Sec. 4. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion; and on application of the Legisla- 
ture, or of the Executive (when the Legislature can not be con- 
vened) , against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall deem it 
necessary, shall propose amendments to the Constitution, or, on 
the application of the Legislatures of two-thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and purposes, as part of 
this Constitution, when ratified by the Legislatures of three- 
fourths of the several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may be pro- 
posed by the Congress: Provided, That no amendment which 
may be made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses in the 
ninth section of the first Article; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered into before the 
adoption of this Constitution, shall be as valid against the United 
States, under this Constitution, as under the Confederation. 

This Constitution and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land; and the Judges in every State, shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
members of the several State Legislatures, and all executive and 
judicial officers, both of the United States and of the several States, 



1 72 Civil Government of the State of 

shall be bound by oath or affirmation, to support this Constitution; 
but no religious test shall ever be required as a qualification to 
any office or public trust under the United States. 

ARTICLE VII. 

The ratifications of the conventions of nine States shall be suf- 
ficient for the establishment of this Constitution between the States 
so ratifying the same. 

Done in convention by the unanimous consent of the States 
present, the seventeenth day of September, in the year of our Lord 
one thousand seven hundred and eighty-seven, and of the Inde- 
pendence of the United States of America the twelfth. 

In witness whereof, we have hereunto subscribed our names. 

GEO. WASHINGTON, 

President, and Deputy from Virginia. 

New Hampshire. 
John Langdon, Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorman, Rufus King. 

Connecticut. 
Wm. Saml. Johnson, Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey. 
Wil. Livingston, David Brearley, 
Wm. Paterson, Jona. Dayton. 

Pennsylvania. 
B. Franklin, Thomas Mifflin, 

Robt. Morris, Geo. Clymer, 

Tho. Fitzsimons, Jared Ingersoll, 

James Wilson, Gouv. Morris. 

Delaware. 
Geo. Read, Gunning Bedford, Jun'r, 

John Dickinson, . Richard Bassett. 
Jaco. Broom, 



Indiana and the United States. 173 

Maryland. 
James M'Henry, Dan. of St. Thos. Jenifer. 

Danl. Carroll, 

Virginia. 
John Blair, James Madison, Jr. 

North Carolina. 
Wm. Blount, Rich'd Dobbs Spaight. 

He Williamson, 

South Carolina. 
J. Rutledge, Charles Cotesworth Pinckney, 

Charles Pinckney, Pierce Butler. 

Georgia. 
William Few, Abr. Baldwin. 

Attest: WILLIAM JACKSON, Secretary. 



ABTIOLES, 

IN ADDITION TO, AND AMENDMENT OF, THE 

Constitution of the United States of America, 

PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE 

SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE 

OF THE ORIGINAL CONSTITUTION. 



ARTICLE I. 

Congress shall make no law respecting an establishment of re- 
ligion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press ; or the right of the people 
peaceably to assemble, and to petition the Government for a re- 
dress of grievances. 

ARTICLE II. 

A well-regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrant shall issue but upon proba- 
ble cause, supported by oath or affirmation, and particularly de- 
scribing the place to be searched, and the persons or things to be 
seized. 

(174J 



Indiana and the United States. 175 



. ARTICLE V. 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a Grand 
Jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb; nor be compelled in any crim- 
inal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; uor shall pri- 
vate property be taken for public use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, and to be in- 
formed of the nature and cause of the accusation ; to be confronted 
with the witnesses against him; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance 
of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
Court of the United States, than according to the rules of the com- 
mon law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights, shall not 
be construed to deny or disparage others retained by the people. 



I 

176 Civil Government of the State of 



ARTICLE X. 

The powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. 

ARTICLE XL 

# 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or by 
citizens or subjects of any foreign State. 

ARTICLE XII. 

The Electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves ; they 
shall name in their ballot the person voted for as President, and 
in distinct ballot the person voted for as Vice-President, and they 
shall make distinct lists of all persons voted for as President, and 
all persons voted for as Vice-President, and of the number of votes 
for each, which lists they shall sign and certify, and transmit 
sealed to the seat of government of the United States, directed to 
the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted. The per- 
son having the greatest number of votes for President shall be the 
President, if such number be a majority of the whole number of 
Electors appointed; and if no person have such majority, then 
from the persons having the highest numbers, not exceeding 
three, on the list of those voted for as President, the House of 
Representatives shall choose immediately by ballot the President. 
But in choosing the President, the votes shall be taken by States, 
the representation from each State having one ; a quorum for this 
shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice- 



Indiana and the United States. 177 

President shall act as President, as in the case of the death or 
other constitutional disability of the President. The person hav- 
ing the greatest number of votes as Vice-President, shall be the 
Vice-President, if such number be a majority of the whole number 
of Electors appointed; and if no person have a majority, then, 
from the two highest numbers on the list, the Senate shall choose 
the Vice-President: a quorum for the purpose shall consist of 
two-thirds of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President, shall be eligi- 
ble to that of Vice-President of the United States. 

ARTICLE XIII. 

u Section 1. Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall have been 
duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this Article by 
appropriate legislation, approved February 1. 1863." 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State 
shall make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States ; nor shall any State 
deprive any person of life, liberty, or property, without due pro- 
cess of law, nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Sec. 2. Representatives shall be apportioned among the sev- 
eral States according to their respective numbers, couuting the 

lole number of persons in each State, excluding Indians not 
taxed. But wh^n the right to vote at any election for the choice 
of Electors for President and Vice-President of the United States, 
Representatives in Congress, the executive and judicial officers of 
a State, or the members of the legislature thereof, is denied to any 
of the male inhabitants of such State, being twentv-one vears of 
12 



178 Civil Government of the State of 

age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of 
representation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

Sec. 3. No person shall be a Senator or Representative in Con- 
gress, or Elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any 
State, who, having previously taken an oath, as a member of Con- 
gress, or as an officer of the United States, or as a member of any 
State legislature, or as an executive or judicial officer of any State, 
to support the Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, or given aid 
or comfort to the enemies thereof. But Congress may, by a vote 
of two-thirds of each house, remove such disability. 

Sec. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for the payment of 
pensions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave; but all such debts 
shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. 

The amendment passed the Senate by a vote of 33 yeas to 11 nays, and the 
House by a vote of 123 yeas to 36 nays. 

ARTICLE XV. 

Section 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any 
State on account of race, color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this article 
by appropriate legislation. 



Indiana and the United States. 179 

The Constitution was adopted on the 17th of September, 1787, by 
the convention appointed in pursuance of the resolution of the 
Congress of the Confederation, of the 21st February, 1787, and 
ratified by the conventions of the several States, as follows : 

By Convention of Delaware 7th December, 1787 

11 " Pennsylvania 12th December, 1787 

" " New Jersey 18th December, 1787 

" " Georgia 2d January, 1788 

" " Connecticut 9th January, 1788 

" " Massachusetts 6th February, 1788 

" M Maryland. 28th April,, 1788 

" " South Carolina 28th May, 1788 

" *« New Hampshire 21st June, 1788 

" " Virginia 26th June, 1788 

" " New York 26th July, 1788 

" " North Carolina 21st November, 1789 

" " Rhode Island 29th May, 1790 



The first ten of the amendments were proposed on the 25th Sep- 
tember, 1789, and ratified by the constitutional number of States 
on the 15th December, 1791 ; the eleventh, on the 8th January, 
1798; the twelfth, on the 25th September, 1804; the thirteenth, on 
the 1st February, 1863; the fourteenth, on the 21st July, 1868; 
and the fifteenth, on the 30th March 1870. t 



INDEX. 



The Numbers refer to Paragraphs, 

Acts and Records of States .266 

Adjutant-General 87 

Amendments to Constitution of U. S 274-290 

Amendments to State Constitution 49 

Apportionment of Members of the Legislature 32 

Appropriations by Congress 227 

Articles of Confederation 1 

Assessor, Township 158-160 

Assembling and Petitioning 17 

Attorney-General, State 100-102 

Attorney-General of U. S 238,254 

Attorney, City 187 

Attorneys 90 

Auditor of State 68-70 

Auditor, County 110-112 

Bail and Punishments 13 

Bills, How passed . 37 

Bill of Rights 9 

Bill of Attainder 225 

Board of Canvassers 30 

Board of County Commissioners 106-109, 154 

Board of Education, State 77 

Board of Education, Countv 126 

Board of Equalization, State 78 

Board of Equalization, County 10S 

Board of Health, State 85 

Board of Health, City 184 

Board of School Trustees, City 184 

Bureau of Statistics 86 



ii Index. 



Cabinet, President's 248 

Circuit Court, Number ...134 

Terms , 135 

Judges 136 

Jurisdiction 136 

Record 137 

Circuit Court of U. S 259 

Citizens, Privileges of 267 

Clerk of Supreme Court 94-95 

Clerk of Circuit Court.. 116-118 

Clerk, City 181 

Commissioner of Fisheries 82 

Commissioners of Deeds 84 

Commissioner, Street 184 

Committees 37 

Congress, How composed 189 

Adjournment 201, 247 

Control of Members 202 

Meetings . ; 200 

Powers 206-223 

Prohibitions on Members 204 

Constitution of U. S., Adoption 5 

Nature 6 

Oath of Office to Support 273 

Supreme Law 272 

Constitutions, State '. 7 

Constitution of Indiana, Amendments 49 

Constables 161-163 

Consuls 243 

Copyrights 213 

Coroner 128-130 

Council, City, Election *. 176 

Meetings 177 

Ordinances 178 

Officers appointed by 184 

Powers 178, 179 

Counties 103 



Index. iii 

County Officers 104 

Counterfeiting 211 

Courts, U. S., Jurisdiction of 262 

Court of Claims 265 

Court, Mayor's 185 

Criminal Court , 140-141 

Deed . 123 

Delegates to National House of Representatives 194 

District of Columbia ...222 

District Court of U. S. 260 

Elections, Time 21 

Proclamation 21 

Officers 26 

City 175 

Electors, How chosen 231 

Meeting of 232 

Electoral System, Intention of 237 

Emigration not to be prohibited 20 

Engineer, City 184 

Excises ; 206 

Ex-Post Facto law 16 

Freeholders 26 

Free Speech 11 

Fugitives from Justice 268 

General Assembly, Sessions 33 

Qualifications of Members 34 

Terms of Members 35 

Compensation of Members 36 

Privileges of Members 41 

Officers 38 

Quorum 42 

Elections 43 

Adjournment 44 

Journal 45 

Local laws prohibited 46 

Ineligibility 48 

Geologist, State 79 



iv Index. 

Governor, Election 50 

Term 51 

Qualifications 52 

Commander-in-Chief 53 

Message 54 

Compensation 58 

Vacancies 56 

Eeceives Reports 57 

Commissions 59 

Pardons and Reprieves 55 

Officers appointed by 79-87 

Habeas Corpus, Writ of 16, 224 

Householder 26 

House of Representatives, National Officers 193 

Impeachment 195 

Revenue 195 

Compensation of Members 203 

Impeachment State Officers ... 47 

U. S. Officers , 195, 199, 238 

Imprisonment for Debt 15 

Incorporation of Towns 172 

Of Cities 173 

Indictment 148 

Inquest, Coroner's '. 129 

Inspector of Mines : 80 

Of Oils 81 

Interior, Secretary of 238, 255 

Judges of U. S 261 

Judge, City. 186 

Judicial Power of State 88 

Jurors, Drawing of.... 146 

Qualifications 146 

Jurisdiction, Kinds of 89 

Jury, Grand ..147-148 

Jury, Petit... 149 

Jury, Commissioners 145 

Justices of the Peace, Election.. 167 



Index, V 

Justices of the Peace — Continued, 

Jurisdiction 168 

Duties 169 

Docket 170 

Compensation 170 

Laws, How made 37 

Local prohibited 46 

Publication of 65 

National, How made 205 

Legislative Powers, How vested 31, 189 

Letters of Marque and Reprisal 216 

Lieutenant-Governor 60-62 

Marshal, City 183 

Mayor, City; Duties 180-185 

Messages, Governor's 54 

President's .245 

Militia 53 

Ministers, How appointed 243 

Mortgage 123 

Naturalization 209 

Navy, Secretary of 238, 252 

Necessity for City Government , . 171 

Ordinances, City 178 

Pardons and Keprieves 55, 243 

Patents 213 

Polls 27 

Postmaster-General 238, 253 

Precincts 25 

President of U. S., Election 231, 235 

Term , 230 

Election by House of Representatives ... 236 

Vacancy in Office 238 

Oath of Office 239 

Salary ■ 240 

Qualifications 241 

Commander-in-Chief 242 

Pardons and Reprieves 243 



vi Index, 

President of U. S., Election — Continued. 

Appointments 244 

Treaties 244 

Messages 245 

Adjourn and Convene Congress 247 

Execute laws 248 

Presidency, Succession to 238 

President of Senate ...233 

Prohibitions on the States 229 

On the U. S 224-228 

Prosecuting Attorney, Election 142 

Duties 143-148, 150 

Compensation 144 

Property, Eight of 19 

Quartermaster-General 87 

Recorder, County 122-123 

Religion, Freedom of 10 

Reporter of Supreme Court 98-99 

Representatives, State 34-36 

Representatives, National; Apportionment 190 

Election 191 

Qualifications 192 

Compensation 203 

Republican Form of Government 271 

Search, Security against 19 

Seat of Government : 223 

Secretary of State, Election 63 

Custody of Documents 64 

Duties 64-66 

Compensation 67 

Senate, U. S., Composition 196 

Officers 198 

Impeachments 199 

Confirmation 244 

Senator, U. S.. Election 40, 196 

Qualifications ...197 

Compensation 203 



Index. vii 

Senator, State 34-36 

Sheriff, County 119-121 

Sheriff of Supreme Court 96, 97 

Speaker House of Representatives 193 

States, Admission of 269 

State, Secretary of 238, 249 

Superior Court 138, 139 

Superintendent of Public Instruction 74-76 

Superintendent of Schools, County 124-127 

Surveyor, County 131-132 

Supervisors of Highways 164-166 

Supreme Court of State, Judges 91 

Terms 92 

Jurisdiction 93 

9 Officers of 94-102 

Supreme Court of U. S 258 

Jurisdiction of 263 

Taxes 206, 226 

Territory of U. S 270 

Title of Nobility 228 

Towns 188 

Trouble Among the States , 2 

Three Departments of Government ' 8 

Treasury, Secretary of 238, 250 

Treasurer of State 71-73 

Treasurer, County 113-115 

Treasurer, City 182 

Treason 14 

Treaties, How made 244 

Trials 12 

Trial, Criminal 150 

Civil 151 

Veto 37, 205 

Vice-President of U. S 198 

How elected 231-236 

Election by Senate 237 

Succeed? to Presidency 238 



viii Index, 

Votes, Counting of 29 

Voters, Qualifications for 22 

Voting, Manner of 26 

War, Secretary of 238, 251 



